2 Amendments of Paul MURPHY related to 2012/2011(COD)
Amendment 16 #
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, this is especially the case where personal data are processed by the employer of employees‘' personal data in the employment context. Therefore consent should not provide a legal ground for the processing of personal data in an employment context. 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 98 #
Proposal for a regulation
Article 82 – paragraph 1 a (new)
Article 82 – paragraph 1 a (new)
1 a. Member states looking to regulate by law the processing of employees' personal data in the employment context should involve trade unions and representatives of employees at all stages of the drafting and implementing of new rules and regulations. Any new rules and regulations should provide more favourable conditions for employees' rights.