68 Amendments of Birgit SIPPEL related to 2012/0011(COD)
Amendment 353 #
Proposal for a regulation
Recital 3
Recital 3
(3) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data seeks to harmonise the protection of fundamental rights and freedoms of natural persons in respect of processing activities and to guarantee the free flowcrossborder exchange of personal data between Member States.
Amendment 369 #
Proposal for a regulation
Recital 15
Recital 15
(15) This Regulation should not apply to processing of personal data by a natural person, which are exclusively personal or domestic, such as correspondence and the holding of addresses, and without any gainful controllers or processors who are a natural person, when the processing of data is done for purely personal or family matters that have been disclosed to them by the data subject himself or that they have received in a lawful manner. The exemption should not apply where the processing of personal data is done in pursuit of a professional or commercial objective. Also, the nature of the personal data processed and whether it is available to a indefiniterest and thus without any connection with a number of persons should be taken into account in determining whether the profcessional or commercial activityng falls within the exemption. The exemption should also not apply to controllers or processors which provide the means for processing personal data for such personal or domestic activities.
Amendment 404 #
Proposal for a regulation
Recital 24
Recital 24
(24) When using online services, individuals and households may be associated with online identifiers provided by their devices, applications, tools and protocols, such as Internet Protocol addresses or cookie identifiers. This may leave traces which, combined with unique identifiers and other information received by the servers, may be used to create profiles of the individuals and identify them. It follows that Reidentification numbers, location data, online identifierof personal data, for instance by using retained online traces for other specific factors as such need not necessarily be considered as personal data in all circumstances creation of profiles of the individuals, breaches of pseudonym and identification of the data subjects should be forbidden.
Amendment 430 #
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) Within the limits of this regulation Member States should ensure that children can always have access to preventive and counselling services of the information society such as online counselling on sexual abuse, problems related to drug abuse or other psychological problems without needing the consent of their parent or legal custodian.
Amendment 431 #
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) Workers’ personal data, especially sensitive data such as political orientation and membership of and activities in trade unions, must be protected in accordance with Articles 8, 12 and 28 of the Charter of Fundamental Rights of the European Union and Articles 8 and 11 of the European Convention on Human Rights, and may under no circumstances be used to put workers on so-called ‘blacklists’ to be passed on to other enterprises with the aim of discriminating against particular workers.
Amendment 436 #
Proposal for a regulation
Recital 31
Recital 31
(31) In order for processing to be lawful, personal data should be processed on the basis of the consent of the person concerned or some other legitimate basis, laid down by law, either in this Regulation or in other Union or Member State law as referred to in this Regulation. In case of a child or a person lacking legal capacity, the consent should be given by the data subject’s legal representative.
Amendment 437 #
Proposal for a regulation
Recital 32
Recital 32
(32) Where processing is based on the data subject’s consent, the controller should have the burden of proving that the data subject has given the consent to the processing operation. In particular in the context of a written declaration on another matter, safeguards should ensure that the data subject is aware that and to what extent consent is given. Similar to civil law terms (Directive 93/13/EEC) written declarations (privacy policies) should be as clear and transparent as possible given the form of processing. They should not contain hidden or disadvantageous clauses, such as the right to forward personal data to other controllers or secondary use of personal data. To encourage controllers to provide proper information, partly illegal clauses should be fully void.
Amendment 448 #
Proposal for a regulation
Recital 34
Recital 34
(34) Consent should not provide a valid legal ground for the processing of personal data, where there is a clear imbalance between the data subject and the controller. This is especially the case where the data subject is in a situation of dependence from the controller, among others, where personal data are processed by the employer of employees' personal data in the employment context. Where the controller is a public authority, there would beis an imbalance only in the specific data processing operations where the public authority can impose an obligation by virtue of its relevant public powers and the consent cannot be deemed as freely given, taking into account the interest of the data subject.
Amendment 563 #
Proposal for a regulation
Recital 75
Recital 75
(75) Where the processing is carried out in the public sector or where, in the private sector, processing is carried out by a large enterprisen enterprise which has at least 50 staff or which processes the data of at least 250 data subjects, or where its core activities, regardless of the size of the enterprise, involve processing operations which require regular and systematic monitoring, a person should assist the controller or processor to monitor internal compliance with this Regulation. Such data protection officers, whether or not an employee of the controller, should be in a position to perform their duties and tasks independently. In order to ensure the independence of data protection officers, they should enjoy special protection against dismissal and discrimination in the performance of their duties, which should be comparable with national provisions on the protection of employees’ representatives. They should be appointed only with the consent of the representatives of the business's employees. In addition, data protection officers should have opportunities for further training and in-service training at the expense of the controller or of the contracted processor.
Amendment 569 #
Proposal for a regulation
Recital 76
Recital 76
(76) Associations or other bodies representing categories of controllers should be encouraged, with the consent of the representatives of the business's employees, to draw up codes of conduct, within the limits of this Regulation, so as to facilitate the effective application of this Regulation, taking account of the specific characteristics of the processing carried out in certain sectors.
Amendment 625 #
Proposal for a regulation
Recital 121
Recital 121
(121) TWhe processing of personal data solely for journalistic purposes, or for the purposes of artistic or liternever necessary, expression should qualify for exempemptions or derogations from the requirements of certain provisions of this Regulation for the processing of personal data should be possible in order to reconcile the right to the protection of personal data with the right to freedom of expression, and notably the right to receive and impart information, as guaranteed in particular by Article 11 of the Charter of Fundamental Rights of the European Union. This should apply in particular to processing of personal data in the audiovisual field and in news archives and press libraries. In accordance with the Protocol on the system of public broadcasting in the Member States annexed Treaty on European Union, the Treaties establishing the European Communities and certain related acts, the competence of Member States to define and organize Public Service Broadcasting shall also be respected in the field of data protection. Therefore, Member States should adopt legislative measures, which should lay down exemptions and derogations which are necessary for the purpose of balancing these fundamental rights. Such exemptions and derogations should be adopted by the Member States on general principles, on the rights of the data subject, on controller and processor, on the transfer of data to third countries or international organisations, on the independent supervisory authorities and on co-operation and consistency. This should not, however, lead Member States to lay down exemptions from the other provisions of this Regulation. In order to take account of the importance of the right to freedom of expression in every democratic society, it is necessary to interpret notions relating to that freedom, such as journalism, broadly. Therefore, Member States should classify activities as ‘journalistic’ for the purpose of the exemptions and derogations to be laid down under this Regulation if the object of these activities is the disclosure to the public of information, opinions or ideas, irrespective of the medium which is used to transmit them. They should not be limited to media undertakings and may be undertaken for profit-making or for non- profit making purposes.
Amendment 635 #
Proposal for a regulation
Recital 124
Recital 124
(124) The general principles on the protection of individuals with regard to the processing of personal data should also be applicable to the employment context. Therefore, in orderMember States should be able to regulate the processing of employees’ personal data in the employment context, Member States should be able, within the limits of this Regulation, to adopt by law specific rules for in accordance with the rules and minimum standards set out in this Regulation. Where a statutory basis is provided in the Member State in question for the regulation of employment matters by agreement between employee representatives and the management of the undertaking or the controlling undertaking of a group of undertakings (collective agreement) or under Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community- scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees, the processing of personal data in thean employment sector. context should also be regulated by such an agreement, if the rules and minimum standards set out in this Regulation are not undercut.
Amendment 669 #
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
Amendment 677 #
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) by a natural person without any gainful interest in the course of its own exclusively personal or household activityrivate or household activities unless personal data is published. Further processing of such personal data for other purposes must be based on the data subjects’ consent. The exemption should not apply where the processing of personal data is done in pursuit of a professional or commercial objective. The rights of third parties have especially to be taken into account with usage of sensible data;
Amendment 719 #
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
(1) ‘data subject’ means an identified natural person or a natural personindividual or household or an individual who can be identified or singled out, directly or indirectly, by means reasonably likelypossible to be used by the controller or by any other natural or legal person, in particular by reference to an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person or household;
Amendment 906 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Amendment 910 #
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. Predominant legitimate interests which are overriding the interests of data subjects as referred to in point (f) of paragraph 1 are generally not: (a) the assessment of creditworthiness; (b) direct marketing; (c) processing for the sole purpose of additional financial gain within a contractual relationship; (d) processing that cannot be reasonably expected by the data subject or is significantly disadvantageous.
Amendment 925 #
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1 – point b
Article 6 – paragraph 3 – subparagraph 1 – point b
(b) the law of the Member State, including collective employment agreements, to which the controller is subject.
Amendment 972 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. If the data subject's consent is to be given in the context of a written declaration which also concerns another matter, the requirement to give consent musgiven through consent to a written declaration by the controller such declarations must: (a) use as plain, short and transparent language as reasonably possible and be well-structured; (b) not contain clauses that cannot be presented distinguishable in its appearance from this other matterasonably expected or are significantly disadvantageous; and (c) be interpreted in favour of the data subject if unclear or contradictory. Clauses which are partly in violation of this regulation are fully void.
Amendment 975 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. The consent shall be reaffirmed after two years, failing which it shall expire.
Amendment 1003 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Service providers shall not make their offer dependent to the consent for data processing that is not necessary for the service provided.
Amendment 1009 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of this Regulation, in relation to the offering of information society services directly to a child, the processing of personal data of a child below the age of 136 years shall only be lawful if and to the extent that consent is given or authorised by the child's parent or custodianlegal representative. The controller shall make reasonable efforts to obtain verifiable consent, taking into consideration available technology. The methods to obtain verifiable consent shall not lead to the further processing of personal data which would otherwise not be necessary.
Amendment 1021 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. Paragraph 1 shall not apply where the information society services offered directly to a child are solely preventive or counselling services for young people in difficult situations.
Amendment 1044 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The processing of personal data, revealing race or ethnic origin, political opinions, religion or beliefs, trade-union membershipmembership of or activity in a trade union, and the processing of genetic data or data concerning health or sex life or criminal convictions or related security measures shall be prohibited.
Amendment 1054 #
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller in the field of employment law, including collective wage agreements, in so far as it is authorised by Union law or Member State law providing for adequate safeguards;
Amendment 1108 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The controller shall have transparentplain, short, transparent, well-structured and easily accessible policies with regard to the processing of personal data and for the exercise of data subjects‘' rights.
Amendment 1259 #
Proposal for a regulation
Article 14 – paragraph 5 – point d a (new)
Article 14 – paragraph 5 – point d a (new)
(da) the data are collected by a natural person bound by professional or other equivalent secrecy obligations in the pursuit of their professional activities; or
Amendment 1265 #
Proposal for a regulation
Article 14 – paragraph 5 – point d b (new)
Article 14 – paragraph 5 – point d b (new)
(db) the right to media freedom requires the protection of information sources.
Amendment 1298 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. There shall be no right to obtain information when the data was collected by a natural person bound by professional or other equivalent secrecy obligations in the pursuit of their professional activities.
Amendment 1301 #
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) the purposes of the processing for each category of personal data and the legal basis for the processing operation;
Amendment 1502 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The data subject shall have the right, where personal data are processed by electronic means and in a structured and commonly used format, to obtain from the controller a copy of data undergoing processing in an electronic and structured format which is commonly used and allows for further use by the data subject.
Amendment 1536 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. WhereProcessing of personal data are processed for direct marketing purposes, the data subject shall have the right to object free of charge to the processing of their personal data for such marketing shall require the explicit consent of the data subject. The data shall not be given to third parties. A withdrawal of consent shall be possible at all times and free of charge. This right shall be explicitly offered to the data subject in an intelligible manner and shall be clearly distinguishable from other information.
Amendment 1552 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Every natural person shall have the right not to be subject to a measure which produces legal effects concerning this natural person or significrelevantly affects this natural person, and which is based solelyprimarily based on automated processing intended to evaluate certain personal aspects relating to this natural person or to analyse or predict in particular the natural person's performance at work, economic situation, location, health, personal preferences, reliability or behaviour.
Amendment 1582 #
Proposal for a regulation
Article 20 – paragraph 2 – point c
Article 20 – paragraph 2 – point c
(c) is based on the data subject's consent, subject to the conditions laid down in Article 7 and to suitable safeguards. The controller has to implement effective protection against possible discrimination resulting from measures described in paragraph 1. Such measures must be based on scientifically recognized mathematic-statistical procedures.
Amendment 1599 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Automated processing of personal data intended to evaluate certain personal aspects relating to a natural person shall not be based soleprimarily on the special categories of personal data referred to in Article 9.
Amendment 1611 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. In the cases referred to in paragraph 2, the information to be provided by the controller under Article 14 shall include information as to the existence of processing for a measure of the kind referred to in paragraph 1, meaningful information about the logic used and the envisaged effects of such processing on the data subject.
Amendment 1618 #
Proposal for a regulation
Article 20 – paragraph 5 a (new)
Article 20 – paragraph 5 a (new)
5a. In case of a child, profiling shall never be allowed, regardless of a possible consent given by the child's parent or legal representative.
Amendment 1623 #
Proposal for a regulation
Article 21 – paragraph 1 – introductory part
Article 21 – paragraph 1 – introductory part
1. Union or Member State law may restrict by way of a legislative measure the scope of the obligations and rights provided for in points (a) to (e) of Article 5 and Articles 11 to 20 and Article 32, when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard:
Amendment 1765 #
Proposal for a regulation
Article 25 – paragraph 2 – point b
Article 25 – paragraph 2 – point b
(b) an enterprise employing fewer than 250 persons or processing the data of fewer than 250 data subjects; or
Amendment 2152 #
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. The controller and the processor shall designate at least one data protection officer after obtaining the approval of the representatives of the business's employees in any case where:
Amendment 2172 #
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) the processing is carried out by an enterprise employing 250 persons or more;
Amendment 2175 #
Proposal for a regulation
Article 35 – paragraph 1 – point b a (new)
Article 35 – paragraph 1 – point b a (new)
(ba) the collection and processing of data relate to at least 250 data subjects per year;
Amendment 2195 #
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. In the case referred to in point (b) of paragraph 1, a group of undertakings may appoint a singlchief data protection officer provided it is ensured that a data protection officer is easily accessible from each works location, and that there is at least one data protection officer per Member State.
Amendment 2213 #
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. The controller or processor shall, after obtaining the approval of the representatives of the business's employees, designate the data protection officer on the basis of professional qualities and, in particular, expert knowledge of data protection law and practices and ability to fulfil the tasks referred to in Article 37. The necessary level of expert knowledge shall be determined in particular according to the data processing carried out and the protection required for the personal data processed by the controller or the processor. The controller or processor shall ensure that the data protection officer has the opportunity for further training and in-service training at their expense.
Amendment 2231 #
Proposal for a regulation
Article 35 – paragraph 7
Article 35 – paragraph 7
7. The controller or the processor shall, after obtaining the approval of the representatives of the business's employees, designate a data protection officer for a period of at least two years. The data protection officer may be reappointed for further terms. During their term of office, the data protection officer may only be dismissed, if the data protection officer no longer fulfils the conditions required for the performance of their duties. Notwithstanding the above, the data protection officer shall enjoy special protection against discrimination and dismissal, similar to the protection afforded to employees’ representatives under national law, and may not be disadvantaged for carrying out his duties.
Amendment 2237 #
Proposal for a regulation
Article 35 – paragraph 8
Article 35 – paragraph 8
8. The data protection officer may be employed by the controller or processor, or fulfil his or her tasks on the basis of a service contract.
Amendment 2267 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The controller or processor shall ensure that the data protection officer performs the duties and tasks independently and does not receive any instructions as regards the exercise of the function. The data protection officer shall directly report to the management of the controller or the processor and to the representatives of the business's employees.
Amendment 2277 #
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. The controller or the processor shall support the data protection officer in performing the tasks and shall provide staff, premises, equipment, training and any other resources necessary to carry out the duties and tasks referred to in Article 37.
Amendment 2321 #
Proposal for a regulation
Article 37 – paragraph 1 – point h a (new)
Article 37 – paragraph 1 – point h a (new)
(ha) to inform and consult the representatives of the business's employees about employee data.
Amendment 2474 #
Proposal for a regulation
Article 43 – paragraph 1 – point b a (new)
Article 43 – paragraph 1 – point b a (new)
(ba) have been drawn up after consent has been given by the representatives of the firm’s employees and the data protection officer at the place where the branch of the firm is located;
Amendment 2782 #
Proposal for a regulation
Article 73 – paragraph 2
Article 73 – paragraph 2
2. Any body, organisation or association which aims to protect data subjects’ rights and interests concerning the protection of their personal data and has been properly constituted according to the law of a Member State, in particular employees’ representatives, shall have the right to lodge a complaint with a supervisory authority in any Member State on behalf of one or more data subjects if it considers that a data subject’s rights under this Regulation have been infringed as a result of the processing of personal data.
Amendment 2889 #
Proposal for a regulation
Article 79 – paragraph 4
Article 79 – paragraph 4
4. The supervisory authority shall impose a fine up to 250 000 EUR, or in case of an enterprise up to 0,51 % of its annual worldwide turnover, whatever is higher to anyone who, intentionally or negligently: (a) does not provide the mechanisms for requests by data subjects or does not respond promptly or not in the required format to data subjects pursuant to infringes Articles 12(1) and (2); (b) charges a fee for the information or for responses to the requests of data subjects in violation of Article 12(4).
Amendment 2902 #
Proposal for a regulation
Article 79 – paragraph 5 – introductory part
Article 79 – paragraph 5 – introductory part
5. The supervisory authority shall impose a fine up to 500 000 EUR, or in case of an enterprise up to 12 % of its annual worldwide turnover whatever is higher,, to anyone who, intentionally or negligently: (a) does not provide the information, or does provide incomplete information, or does not provide the information in a sufficiently transparent manner, to the data subject pursuant to Article 11, Article 12(3) and Article 14; (b) does not provide access for the data subject or does not rectify personal data pursuant to Articles 15 and 16 or does not communicate the relevant information to a recipient pursuant to Article 13; (c) does not comply with the right to be forgotten or to erasure, or fails to put mechanisms in place to ensure that the time limits are observed or does not take all necessary steps to inform third parties that a data subjects requests to erase any links to, or copy or replication of the personal data pursuant Article 17; (d) does not provide a copy of the personal data in electronic format or hinders the data subject to transmit the personal data to another application in violation of Article 18; (e) does not or not sufficiently determine the respective responsibilities with co- controllers pursuant to Article 24; (f) does not or not sufficiently maintain the documentation pursuant to Article 28, Article 31(4), and Article 44(3); (g) does not comply, in cases where special categories of data are not involved, pursuant to Articles 80, 82 and 83 with rules in relation to freedom of expression or with rules on the processing in the employment context or with the conditions for processing for historical, statistical and scientific research purposes, infringes Articles 11, 12(3) and (4), 13, 14, 15, 16,17, 18, 24, 28, 31(4), 44(3), 80, 82, 83.
Amendment 2922 #
Proposal for a regulation
Article 79 – paragraph 6
Article 79 – paragraph 6
6. The supervisory authority shall impose a fine up tothat shall not exceed 1 000 000 EUR or, in case of an enterprise up to 25 % of its annual worldwide turnover, to anyone who, intentionally or negligently: (a) processes personal data without any or sufficient legal basis for the processing or does not comply with the conditions for consent pursuant to Articles 6, 7 and 8; (b) processes special categories of data in violation of Articles 9 and 81; (c) does not comply with an objection or the requirement pursuant to Article 19; (d) does not comply with the conditions in relation to measures based on profiling pursuant to Article 20; (e) does not adopt internal policies or does not implement appropriate measures for ensuring and demonstrating compliance pursuant to Articles 22, 23 and 30; (f) does not designate a representative pursuant to Article 25; (g) processes or instructs the processing of personal data in violation of the obligations in relation to processing on behalf of a controller pursuant to Articles 26 and 27; (h) does not alert on or notify a personal data breach or does not timely or completely notify the data breach to the supervisory authority or to the data subject pursuant to Articles 31 and 32; (i) does not carry out a data protection impact assessment pursuant or processes personal data without prior authorisation or prior consultation of the supervisory authority pursuant to Articles 33 and 34; (j) does not designate a data protection officer or does not ensure the conditions for fulfilling the tasks pursuant to Articles 35, 36 and 37; (k) misuses a data protection seal or mark in the meaning of Article 39; (l) carries out or instructs a data transfer to a third country or an international organisation that is not allowed by an adequacy decision or by appropriate safeguards or by a derogation pursuant to Articles 40 to 44; (m) does not comply with an order or a temporary or definite ban on processing or the suspension of data flows by the supervisory authority pursuant to Article 53(1); (n) does not comply with the obligations to assist or respond or provide relevant information to, or access to premises by, the supervisory authority pursuant to Article 28(3), Article 29, Article 34(6) and Article 53(2); (o) does not comply with the rules for safeguarding professional secrecy pursuant to Article 84 whatever is higher, to anyone who intentionally or negligently infringes the provisions of this Regulation other than those referred to in paragraphs 4 and 5.
Amendment 2952 #
Proposal for a regulation
Article 80 – paragraph 1
Article 80 – paragraph 1
1. Member States shall provide for exemptions or derogations from the provisions on the general principles in Chapter II, the rights of the data subject in Chapter III, on controller and processor in Chapter IV, on the transfer of personal data to third countries and international organisations in Chapter V, the independent supervisory authorities in Chapter VI and on co-operation and consistency in Chapter VII forentireties of chapters Chapter II, Chapter III, Chapter IV, Chapter V, Chapter VI and Chapter VII in order to reconcile the right to the processingtection of personal data carried out solely for journalistic purposes or the purpose of artistic or literary expression in order to reconcile the right to the protection of personal data with the rules governing freedom of expressionwith the rules governing freedom of expression in accordance with the Charter of Fundamental Rights of the European Union and its referral to the ECHR.
Amendment 3006 #
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
1. Within the limits ofIn accordance with this Regulation, Member States may adopt by law – by enacting legal provisions – specific rules regulating the processing of employees' personal data in the employment context, in particular, but not exclusively, for the purposes of the recruitment and applications for posts within a group of undertakings, the performance of the contract of employment, including discharge of obligations laid down by law orand by collective agreements, company agreements and wage agreements, management, planning and organisation of work, health and safety at work, and for the purposes of the exercise and enjoyment, on an individual or collective basis, of rights and benefits related to employment, and for the purpose of the termination of the employment relationship. It shall not be permissible to provide a level of protection lower than that afforded by this regulation The right of the Member States to lay down protective provisions on the processing of personal data in the context of employment which are more favourable to employees shall be unaffected. Without prejudice to the other provisions of this regulation, the legal provisions of the Member States referred to in paragraph 1 shall at the minimum include the following minimum standards:
Amendment 3011 #
Proposal for a regulation
Article 82 – paragraph 1 a (new)
Article 82 – paragraph 1 a (new)
1a. Profiling in connection with employment shall not be permitted.
Amendment 3015 #
Proposal for a regulation
Article 82 – paragraph 1 b (new)
Article 82 – paragraph 1 b (new)
1b. Workers' personal data, especially sensitive data such as political orientation and membership of and activities in trade unions, may under no circumstances be used to put workers on so-called 'blacklists', and to vet or bar them from future employment. The processing, the use in the employment context, the drawing-up and passing-on of blacklists of employees shall be prohibited. Member States shall conduct checks and adopt adequate sanctions in accordance with Article 79(6) to ensure effective implementation of this paragraph.
Amendment 3018 #
Proposal for a regulation
Article 82 – paragraph 1 c (new)
Article 82 – paragraph 1 c (new)
1c. Surveillance to monitor the performance of employees shall be prohibited.
Amendment 3020 #
Proposal for a regulation
Article 82 – paragraph 1 d (new)
Article 82 – paragraph 1 d (new)
1d. Processing of data on employees without the employees’ knowledge shall not be permitted. The private and intimate life of employees shall always be respected.
Amendment 3022 #
Proposal for a regulation
Article 82 – paragraph 1 e (new)
Article 82 – paragraph 1 e (new)
1e. Open optical electronic surveillance and/or open acoustic electronic surveillance of parts of the business premises which are not accessible to the public and are predominantly used for purposes of an employee’s private life, particularly in sanitary facilities, changing rooms, rooms where breaks are spent and bedrooms, shall not be permitted. Open optical electronic surveillance and/or open acoustic electronic surveillance of publicly accessible parts of the business premises or parts which are not accessible to the public and are not predominantly used for purposes of an employee’s private life, such as entry halls, foyers, offices, workshops or the like, shall be permitted only to the extent that it is absolutely necessary for the safety/security of the employee and of the business. Surveillance of public parts of the business should not include surveillance of the employee in his place of work, except insofar as this is unavoidable. Before surveillance is performed, the employee shall be informed when and for how long the surveillance devices will be operated. Recordings of the surveillance shall be deleted after a short time, at the latest one month after the surveillance has taken place. Secret surveillance shall always be prohibited.
Amendment 3024 #
Proposal for a regulation
Article 82 – paragraph 1 f (new)
Article 82 – paragraph 1 f (new)
1f. If undertakings collect or process personal data in connection with statutory medical examinations and/or aptitude tests, they must, in advance, inform the applicant or employee of the purpose for which the data are to be used, and subsequently communicate the data to them together with the findings, and explain them. Collection of data for the purpose of genetic testing and analyses shall be prohibited. Collection and processing of personal data as part of medical examinations and/or aptitude tests must be necessary for the protection of health at work and preventive health care with reference to the employment relationship. The employer may not have direct access to the data. Data concerning applicants shall be treated in the same way as data concerning employees. Collection of health data in preparation for dismissal on health grounds shall be prohibited.
Amendment 3026 #
Proposal for a regulation
Article 82 – paragraph 1 g (new)
Article 82 – paragraph 1 g (new)
1g. Legal provisions may be laid down, particularly by means of collective agreements, stipulating whether and to what extent the telephone, e-mail, Internet and other telecommunications services may also be used for private purposes. Private use may also be permitted by an employment contract. If private use is permitted, processing of traffic data collected with reference to it shall only be permitted for the preservation of data security, to ensure the proper functioning of telecommunications networks and telecommunications services, and to levy charges, after the employee has been informed. Furthermore, the content of private e-mails shall not be analysed.
Amendment 3028 #
Proposal for a regulation
Article 82 – paragraph 1 h (new)
Article 82 – paragraph 1 h (new)
1h. Collection and processing of information/data concerning employees or applicants via social networks which are not specifically job application portals shall be prohibited.
Amendment 3030 #
Proposal for a regulation
Article 82 – paragraph 1 i (new)
Article 82 – paragraph 1 i (new)
1i. Data on employees which are inaccurate, whose accuracy is contested by employees or which have been collected by unauthorised means may not be used.
Amendment 3031 #
Proposal for a regulation
Article 82 – paragraph 1 j (new)
Article 82 – paragraph 1 j (new)
1j. Employees who have refused unauthorised examinations or requests for information or have given false answers to them, or who have objected to unauthorised collection/use of data on employees may not be disadvantaged.
Amendment 3032 #
Proposal for a regulation
Article 82 – paragraph 1 k (new)
Article 82 – paragraph 1 k (new)
1k. Without prejudice to rights to information and codetermination pursuant to domestic labour law, the workplace representation and European Works Council shall have the following rights: (a) the right to be consulted on the appointment of the business’s data protection officer (Article 35(7)); (b) the right to be consulted and informed regularly by the business’s data protection officer; (c) the right to representation of employees concerned before a regular national court (Article 73) and the right to bring a class action (Article 75); (d) the right to be consulted on the formulation of binding corporate rules (Article 43).
Amendment 3101 #
Proposal for a regulation
Article 85
Article 85