7 Amendments of Philippe JUVIN related to 2017/0228(COD)
Amendment 76 #
Proposal for a regulation
Recital 10
Recital 10
(10) Under Regulation (EU) 2016/679, Member States may neither restrict nor prohibit the free movement of personal data within the Union for reasons connected with the protection of natural persons with regard to the processing of personal data. This Regulation establishes the same principle of free movement within the Union for non-personal data except when a restriction or a prohibition would be justified for security reasons. relates to the public archives, or if they would be justified for reasons of public security or public health. Where personal and non-personal data are inextricably linked, Regulation (EU) No 2016/679 applies.
Amendment 87 #
Proposal for a regulation
Recital 12
Recital 12
(12) Data localisation requirements represent a clear barrier to the free provision of data storage or other processing services across the Union and to the internal market. As such, they should be banned unless they relate to the public archives or are justified based on the grounds of public security, public order or public health, as defined by Union law, in particular Article 52 of the Treaty on the Functioning of the European Union, and satisfy the principle of proportionality enshrined in Article 5 of the Treaty on European Union. In order to give effect to the principle of free flow of non-personal data across borders, to ensure the swift removal of existing data localisation requirements and to enable for operational reasons storage or other processing of data in multiple locations across the EU, and since this Regulation provides for measures to ensure data availability for regulatory control purposes, Member States shouldall not be able to invoke justifications other than public securityarchives, public security, public order or public health, in which case they can require that data be kept within their territory so that they can guarantee the provision of essential public services.
Amendment 106 #
Proposal for a regulation
Recital 16
Recital 16
(16) Data localisation requirements are frequently underpinned by a lack of trust in cross-border data storage or other processing, deriving from the fear of different security levels in each Member State and the presumed unavailability of data for the purposes of the competent authorities of the Member States, such as for inspection and audit for regulatory or supervisory control. Therefore, this Regulatione security of data hosting systems should be stepped up in all Member States, and it should be clearly established that ithis Regulation does not affect the powers of competent authorities to request and receive access to data in accordance with Union or national law, and that access to data by competent authorities may not be refused on the basis that the data is stored or otherwise processed in another Member State.
Amendment 111 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) This regulation should not make it possible for users to evade national laws. The Member States should be free to impose proportionate, effective and deterrent penalties against users who prevent the national authorities from accessing data stored in another Member State. If a physical or moral person does not comply with the obligation to provide these data, the relevant national authorities can require that the data be returned to their national territory.
Amendment 164 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Location of data for storage or other processing within the Union shall not be restricted to the territory of a specific Member State, and storage or other processing in any other Member State shall not be prohibited or restricted, unless it relates to the public archives or is justified on grounds of public security, public order or public health.
Amendment 182 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. The Member States should be free to impose proportionate, effective and deterrent penalties against users who prevent the national authorities from accessing data stored in another Member State.
Amendment 183 #
Proposal for a regulation
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
2b. If a physical or moral person does not comply with the obligation to provide these data, the relevant national authorities can require that the data be returned to their national territory.