Activities of Evelyn REGNER related to 2012/0011(COD)
Legal basis opinions (0)
Amendments (32)
Amendment 78 #
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29 a) Workers’ personal data, especially sensitive data, such as political orientation and membership of and activities in trade unions, should 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 enterprises should under no circumstances be permitted to use these data to put workers on so-called ‘blacklists’ to be passed on to other enterprises with the aim of discriminating against particular workers.
Amendment 104 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a This Regulation applies to the processing of personal data of data subjects not residing in the Union by a controller or processor established in the Union, through their economic activities in a third country(ies).
Amendment 146 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a The data will not be used against the data subject in a disciplinary hearing, or to blacklist, vet or bar him or her from employment.
Amendment 147 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The controller shall bear the burden of proof for the data subject's explicit consent to the processing of their personal data for specified purposes.
Amendment 160 #
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 membership and activities, and the processing of genetic data or data concerning health or sex life or criminal convictions or related security measures shall be prohibited. In particular, this would include safeguards to prevent the blacklisting of workers, for example in relation to their trade union activities or health and safety representative roles.
Amendment 181 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Where the personal data are not collected from the data subject, the controller shall inform the data subject, in addition to the information referred to in paragraph 1, from which source the personal data originate. This would include data sourced from a third party illegally and passed on to the controller.
Amendment 184 #
Proposal for a regulation
Article 14 – paragraph 5 – point b
Article 14 – paragraph 5 – point b
Amendment 306 #
Proposal for a regulation
Article 35 – paragraph 1 – introductory wording
Article 35 – paragraph 1 – introductory wording
1. The controller and the processor shall, with the consent of the workplace representation, designate a data protection officer in any case where:
Amendment 311 #
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 employprocessing 250the personsal data orf more than 20 persons;
Amendment 315 #
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1 a (new)
Article 35 – paragraph 2 – subparagraph 1 a (new)
1 a. If the undertakings in this group are located in more than one Member State, a data protection officer shall be appointed in each of these Member States where the conditions set out in paragraph 1(b) and (c) are met.
Amendment 339 #
Proposal for a regulation
Article 43 – paragraph 1 – point b a (new)
Article 43 – paragraph 1 – point b a (new)
b a) were drawn up by the group of undertakings with the agreement of the workplace representation and the data protection officer at the location of the branch concerned;
Amendment 400 #
Proposal for a regulation
Article 77 – paragraph 1
Article 77 – paragraph 1
1. Any person who has suffered material or immaterial damage as a result of an unlawful processing operation, including blacklisting, or of an action incompatible with this Regulation shall have the right to receive compensation from the controller or the processor for the damage suffered and for any injury to feeling.
Amendment 403 #
Proposal for a regulation
Article 78 – paragraph 2 a (new)
Article 78 – paragraph 2 a (new)
2a. Any person or enterprise that is known to have infringed the provisions of this Regulation, for example by illegally accessing employees' personal data to blacklist them or bar them from employment, should be excluded from receiving Union grants and funding and from taking part in calls for tender for other public procurement contracts at Union, national or public authority level until all legal proceedings are proven to be completed and all compensation has been paid in full to any victims.
Amendment 423 #
Proposal for a regulation
Article 79 – paragraph 6 – point a a (new)
Article 79 – paragraph 6 – point a a (new)
(aa) uses employees' or potential employees' personal data to blacklist them, vet them or bar them from access to future employment;
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 441 #
Proposal for a regulation
Article 82 – paragraph 1 a (new)
Article 82 – paragraph 1 a (new)
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 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 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 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 1593 #
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. In the employment sphere, the processing or use of data for the purposes of the permanent surveillance or profiling of employees, the drawing-up and dissemination of black lists of employees, the monitoring of performance or conduct or the preparation of a dismissal on grounds of illness shall be prohibited; job applicants’ data shall enjoy the same protection.
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 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 2841 #
Proposal for a regulation
Article 78 – paragraph 2 a (new)
Article 78 – paragraph 2 a (new)
2a. Member States shall lay down rules on penalties that are effective and dissuasive in preventing any abuse of the fundamental right to the protection of personal data as enshrined in the Charter of Fundamental Rights, including legal provisions outlawing as a criminal offence the use of personal data to blacklist workers, vet them or bar them from future employment.
Amendment 2843 #
Proposal for a regulation
Article 78 – paragraph 2 b (new)
Article 78 – paragraph 2 b (new)
2b. Member States shall ensure that persons or companies found to be taking part in blacklisting will be excluded from receiving EU grants and funding and from taking part in calls for tender for other public procurement contracts at EU, national or public authority level until all legal proceedings are proven to be completed, all compensation has been paid in full to any victims and there is reliable proof that this criminal culture has been removed from the organisation.