Activities of Evelyn REGNER related to 2012/2011(COD)
Legal basis opinions (0)
Amendments (24)
Amendment 11 #
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, 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 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 14 #
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. In an employment context, data processing primarily intended to have legally or financially advantageous consequences for the employee is an exception. Where the controller is a public authority, there would be 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 17 #
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 processing the personal data of more than 20 persons, 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. To guarantee this independence, these data protection officers should enjoy particular protection against dismissal and discrimination in the performance of their duties, and they should be appointed only after obtaining the consent of the workplace representation; furthermore, these data protection officers should have the opportunity to follow regular further training in relation to their duties, whereby the corresponding costs will be borne by the controller and/or processor.
Amendment 24 #
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 order to regulate the processing of employees' personal data in the employment context, Member States should be able, within the limits ofon the basis of the minimum standards laid down in this Regulation, to adopt by law specific rules for the processing of personal data in the employment sector. However, the processing of personal data in an employment context may also be regulated by collective agreement, provided that it is guaranteed that the level of protection which this Regulation affords for employees is not undercut.
Amendment 27 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. 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 30 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. The data shall not be used against the data subject in a disciplinary hearing, or to blacklist, vet or bar them from future employment.
Amendment 35 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Consent shall not provide a legal basis for the processing, where there is a significant imbalance between the position of the data subject and the controller. This should not affect the right of the employer to process data on the basis of consent by the employee nor the right of public authorities to process data on the basis of consent by the citizen.
Amendment 41 #
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 42 #
Proposal for a regulation
Article 14 – paragraph 5 – point b
Article 14 – paragraph 5 – point b
Amendment 43 #
Proposal for a regulation
Article 17 – paragraph 6 a (new)
Article 17 – paragraph 6 a (new)
6 a. While complying with the data requirements of this Regulation, especially privacy by design, the provisions in paragraph 4 and 6 of this Article do not change the right of public authorities to store data for documentary evidence of a given case history.
Amendment 48 #
Proposal for a regulation
Article 28 – paragraph 4 – point a a (new)
Article 28 – paragraph 4 – point a a (new)
a a. public authority when dealing with data other than personal sensitive data in accordance with Article 9, paragraph 1.
Amendment 49 #
Proposal for a regulation
Article 28 – paragraph 4 – point b
Article 28 – paragraph 4 – point b
(b) an enterprise or an organisation employing fewer than 250 persons that is processing the personal data only as an activity ancillary to its main activitief fewer than 20 persons.
Amendment 58 #
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. The controller and the processor, after obtaining the consent of the workplace representation, shall designate a data protection officer in any case where:
Amendment 60 #
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; or
Amendment 66 #
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1 (new)
Article 35 – paragraph 2 – subparagraph 1 (new)
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 are met.
Amendment 67 #
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. The controller or processor, after obtaining the consent of the workplace representation, shall 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 data protection officer shall be given the opportunity to follow regular further training in the context of their duties, whereby the costs of such training shall be borne by the controller and/or processor.
Amendment 71 #
Proposal for a regulation
Article 43 – paragraph 1 – point b a (new)
Article 43 – paragraph 1 – point b a (new)
(ba) were drawn up with the agreement of the workplace representation and the data protection officer at the location of the branch concerned;
Amendment 72 #
Proposal for a regulation
Article 77 – paragraph 1
Article 77 – paragraph 1
1. Any person who has suffered material or non-material 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 86 #
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
1. Within the limits ofOn the basis of the minimum standards laid down in this Regulation, Member States may adopt by law or collective agreements specific rules regulating the processing of employees' personal data in the employment context, in particular for the purposes of the recruitment, the performance of the contract of employment, including discharge of obligations laid down by law or by collective 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.
Amendment 96 #
Proposal for a regulation
Article 82 – paragraph 1 a (new)
Article 82 – paragraph 1 a (new)
1a. Processing or use in the employment context for the purpose of the permanent monitoring of employees, the profiling of employees (Chapter III, section 4), the drawing-up and passing-on of blacklists of employees, the monitoring of results and behaviour or the preparation of dismissal on grounds of illness shall be prohibited; data relating to applicants shall enjoy the same protection in this context.
Amendment 104 #
Proposal for a regulation
Article 82 – paragraph 1 b (new)
Article 82 – paragraph 1 b (new)
1b. Without prejudice to the information and codetermination rights guaranteed by national labour law, the workplace representation and the European Works Council shall enjoy the following rights: (a) right to codetermination with regard to the appointment of the workplace data protection officer (Article 35 et seq.); (b) right to be consulted and receive information from the workplace data protection officer on a regular basis; (c) right to represent affected employees in a normal national court (Article 73) and possibility of bringing class actions (Article 75); (d) right to codetermination with regard to the drawing-up of binding corporate rules (Article 43).
Amendment 109 #
Proposal for a regulation
Article 82 – paragraph 1 c (new)
Article 82 – paragraph 1 c (new)
1c. Member States shall adopt suitable rules and carry out checks to prevent companies from placing particular employees on blacklists, on the grounds of their political orientation and membership of and activities in a trade union, to be passed on to other companies with the aim of discriminating against these workers; Member States shall adopt effective sanctions in respect of undertakings that create, pass on or accept or request such blacklists from other undertakings.
Amendment 113 #
Proposal for a regulation
Article 82 – paragraph 1 d (new)
Article 82 – paragraph 1 d (new)
1d. Article 7, paragraph 4, shall not apply where the data processing is primarily intended to have legally or economically advantageous consequences for the employee.
Amendment 124 #
Proposal for a regulation
Article 82 – paragraph 3
Article 82 – paragraph 3