13 Amendments of Sonia ALFANO related to 2012/0011(COD)
Amendment 995 #
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, or where the processing of data for a purpose is disproportionate in relation to the obtained consent.
Amendment 1104 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
If the data processed by a controller do not permit the controller to identify or single out a natural person, the controller shall not be obliged to acquire additional information in order to identify the data subject for the sole purpose of complying with any provision of this Regulation.
Amendment 1187 #
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) the specific purpose or purposes of the processing for which the personal data are intended, including in relation to the provisions of Article 6, and notably the contract terms and general conditions where the processing is based on point (b) of Article 6(1) and the legitimate interests pursued by the controller where the processing is based on point (f) of Article 6(1a) and (1b);
Amendment 1477 #
Proposal for a regulation
Article 17 – paragraph 8 a (new)
Article 17 – paragraph 8 a (new)
8a. Where the conditions for the right to be forgotten and to erasure are met pursuant to paragraphs 1 and 2, the data subject shall also have the right to request the rectification, erasure, deletion or delisting of personal data to any service of the Information Society, which provides tools enabling or facilitating research or access to data.
Amendment 1503 #
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, interoperable and structured format which is commonly used and allows for further use by the data subject.
Amendment 1511 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Where the data subject has provided the personal data and the processing is based on consent or on a contract, the data subject shall have the right to transmit those personal data and any other information provided by the data subject and retained by an automated processing system, into another one, in an electronic format which is commonly used, without hindrance from the controller from whom the personal data are withdrawn.
Amendment 1565 #
Proposal for a regulation
Article 20 – paragraph 2 – point a
Article 20 – paragraph 2 – point a
(a) is carried out in the course ofnecessary for the entering into, or performance of, a contract, where the request for the entering into or the performance of the contract, lodged by the data subject, has been satisfied, or where suitable measures to safeguard the data subject's legitimate interests have been adduced, such as the right to obtain humanincluding the right to be provided with meaningful information about the logic used in the profiling, and the right to obtain human intervention, including an explanation of the decision reached after such intervention; or
Amendment 1575 #
Proposal for a regulation
Article 20 – paragraph 2 – point b
Article 20 – paragraph 2 – point b
(b) is expressly authorized by a Union or Member State law and which also lays down suitable measures to safeguardprotects the data subject's legitimate interests and protects against possible discrimination resulting from measures described in paragraph 1; or
Amendment 1583 #
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, including effective protection against possible discrimination resulting from measures described in paragraph 1.
Amendment 1651 #
Proposal for a regulation
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. Legislative measures referred to in paragraph 1 shall neither permit or oblige private controllers to retain data additional to those strictly necessary for the original purpose.
Amendment 2393 #
Proposal for a regulation
Article 41 – paragraph 2 – point a
Article 41 – paragraph 2 – point a
(a) the rule of law, relevant legislation in force, both general and sectoral, including concerning public security, defence, national security and criminal law as well as the implementation of this legislation, the professional rules and security measures which are complied with in that country or by that international organisation, as well as effective and enforceable rights including effective administrative and judicial redress for data subjects, in particular for those data subjects residing in the Union whose personal data are being transferred;
Amendment 2501 #
Proposal for a regulation
Article 44 – paragraph 1 – point h
Article 44 – paragraph 1 – point h
Amendment 2524 #
Proposal for a regulation
Article 44 – paragraph 6
Article 44 – paragraph 6
6. The controller or processor shall document the assessment as well as the appropriate safeguards adduced referred to in point (h) of paragraph 1 of this Article in the documentation referred to in Article 28 and shall informobtain prior approval of the transfer by the supervisory authority of the transfer.