2016/2225(INI) Fundamental rights implications of Big Data: privacy, data protection, non-discrimination, security and law-enforcement
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE |
GOMES Ana ( S&D)
|
VOSS Axel ( PPE),
ŠKRIPEK Branislav ( ECR),
PETERSEN Morten ( ALDE),
ALBRECHT Jan Philipp ( Verts/ALE)
|
| Committee Opinion | ITRE |
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Subjects
Events
2017/08/22
EC - Commission response to text adopted in plenary
Documents
2017/03/14
EP - Results of vote in Parliament
Documents
2017/03/14
EP - Decision by Parliament
Details
The European Parliament adopted by 561 votes to 71, with 49 abstentions, a resolution on fundamental rights implications of big data: privacy, data protection, non-discrimination, security and law-enforcement.
Big data has the potential for citizens, academia, the scientific community and the public and private sectors, but also entails significant risks , namely with regard to the protection of fundamental rights, the right to privacy, data protection, non-discrimination and data security.
Parliament stressed that compliance with the existing data protection legislation, together with strong scientific and ethical standards , are key to establishing trust in and the reliability of big data solutions.
In order to enable citizens to have a better understanding of big data, Members suggested investing in digital literacy and awareness-raising about digital rights, privacy and data protection among citizens, including children.
Big data for commercial purposes and in the public sector : the resolution pointed out the need for much greater accountability and transparency with regard to data processing by the private and public sectors.
Data protection : Members underlined the importance of:
promoting transparency and due process, legal certainty in general and, more specifically, concrete standards that protect fundamental rights and guarantees associated with the use of data processing and analytics by the private and public sector; closer collaboration among regulators of conduct in the digital environment; focusing on research and innovation in the area of anonymisation and preparing guidelines on how to properly anonymise data in order to avoid future abuses of these measures and to monitor practices; ensuring that data-driven technologies do not limit or discriminate access to a pluralistic media environment , but rather foster media freedom and pluralism.
The private and public sectors are asked to make use of instruments provided for by the General Data Protection Regulation , such as codes of conduct and certification schemes, in order to seek greater certainty over their specific obligations under Union law.
Security : in order to address the most pressing risks associated with data processing activities, Parliament:
stressed the need for a genuine cooperation between the public and private sectors, the law enforcement authorities and the independent supervisory data protection authorities to in order to tackle threats to security, security breaches, unauthorised access to data and unlawful surveillance ; suggested encouraging the use of end-to-end encryption and, where necessary, mandated in accordance with the principle of data protection by design; called for the use of privacy by design and default .
Non-discrimination : big data may result not only in infringements of the fundamental rights of individuals, but also in differential treatment of and indirect discrimination against groups of people with similar characteristics, particularly with regard to fairness and equality of opportunities for access to education and employment.
Parliament called for all measures possible to be taken to minimise algorithmic discrimination and bias and to develop a common ethical framework for the transparent processing of personal data and automated decision-making. This common framework may guide data usage and the ongoing enforcement of Union law.
Moreover, the use of big data for scientific purposes should be conducted with due regard for the fundamental values and in compliance with current EU data protection legislation.
Big data for law enforcement purposes : the trust of citizens in digital services can be seriously undermined by government mass surveillance activities.
Stressing the importance of compliance with Directive (EU) 2016/680 , Parliament welcomed the publication of guidelines, recommendations and best practices in order to further specify the criteria and conditions for decisions based on profiling and the use of big data for law enforcement purposes.
Lastly, the resolution underlined the absolute need to protect law enforcement databases from security breaches and unlawful access. It called for maximum caution to be taken in order to prevent unlawful discrimination and the targeting of certain individuals or groups of people when processing and analysing data.
Documents
2017/03/14
EP - End of procedure in Parliament
2017/03/13
EP - Debate in Parliament
Documents
2017/02/20
EP - Committee report tabled for plenary
Details
The Committee on Civil Liberties, Justice and Home Affairs adopted the own-initiative report by Ana GOMES (S&D, PT) on fundamental rights implications of big data: privacy, data protection, non-discrimination, security and law-enforcement.
The prospects and opportunities of big data can only be fully tapped into by citizens, the public and private sectors, academia and the scientific community when public trust in these technologies is ensured by a strong enforcement of fundamental rights.
The report stressed that compliance with the existing data protection legislation , together with strong scientific and ethical standards , are key to establishing trust in and the reliability of big data solutions.
In order to enable citizens to have a better understanding of big data, Members suggested investing in digital literacy and awareness-raising about digital rights, privacy and data protection among citizens, including children.
Big data for commercial purposes and in the public sector : the report pointed out the need for much greater accountability and transparency with regard to data processing by the private and public sectors.
Data protection : Members stressed the fundamental role that the Commission, the European Data Protection Board, national data protection authorities and other independent supervisory authorities should play in the future to promote transparency, legal certainty and, more specifically, concrete standards that protect fundamental rights . They stressed that science, business and public communities should focus on research and innovation in the area of anonymisation and called for guidelines on how to properly anonymise data.
The private and public sectors are asked to make use of instruments provided for by the General Data Protection Regulation , such as codes of conduct and certification schemes, in order to seek greater certainty over their specific obligations under Union law.
Security : the report stressed the need for a genuine cooperation between the public and private sectors, the law enforcement authorities and the independent supervisory data protection authorities to in order to tackle threats to security, security breaches, unauthorised access to data and unlawful surveillance.
The report suggested encouraging the use of end-to-end encryption and, where necessary, mandated in accordance with the principle of data protection by design. It called for the use of privacy by design and default .
Non- discrimination : Members called for all measures possible to be taken to minimise algorithmic discrimination and bias and to develop a common ethical framework for the transparent processing of personal data and automated decision-making. This common framework may guide data usage and the ongoing enforcement of Union law.
Moreover, the use of big data for scientific purposes should be conducted with due regard for the fundamental values and in compliance with current EU data protection legislation.
Big data for law enforcement purposes : Members reminded all law enforcement actors that use data processing and analytics that Directive (EU) 2016/680 governing the processing of personal data by Member States for law enforcement purposes. They welcomed the publication of guidelines, recommendations and best practices in order to further specify the criteria and conditions for decisions based on profiling and the use of big data for law enforcement purposes.
Lastly, the report underlined the absolute need to protect law enforcement databases from security breaches and unlawful access. It called for maximum caution to be taken in order to prevent unlawful discrimination and the targeting of certain individuals or groups of people when processing and analysing data.
Documents
2017/02/09
EP - Vote in committee
2016/12/19
EP - Amendments tabled in committee
Documents
2016/10/19
EP - Committee draft report
Documents
2016/09/15
EP - Committee referral announced in Parliament
2016/03/07
EP - GOMES Ana (S&D) appointed as rapporteur in LIBE
Documents
- Commission response to text adopted in plenary: SP(2017)390
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T8-0076/2017
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary: A8-0044/2017
- Amendments tabled in committee: PE595.750
- Committee draft report: PE592.279
- Committee draft report: PE592.279
- Amendments tabled in committee: PE595.750
- Commission response to text adopted in plenary: SP(2017)390
Activities
- Jan Philipp ALBRECHT
Plenary Speeches (1)
- Nicola CAPUTO
Plenary Speeches (1)
- Georgios EPITIDEIOS
Plenary Speeches (1)
- Ana GOMES
Plenary Speeches (1)
- Notis MARIAS
Plenary Speeches (1)
- Alex MAYER
Plenary Speeches (1)
- Jean-Luc SCHAFFHAUSER
Plenary Speeches (1)
- Csaba SÓGOR
Plenary Speeches (1)
- Adam SZEJNFELD
Plenary Speeches (1)
- Anna ZÁBORSKÁ
Plenary Speeches (1)
Votes
A8-0044/2017 - Ana Gomes - Résolution #
2017/03/14 Outcome: +: 561, -: 71, 0: 49
GUE/NGL
NI
EFDD
ENF| Amendments | Dossier |
| 215 |
2016/2225(INI)
2016/12/19
LIBE
215 amendments...
Amendment 1 #
Motion for a resolution Citation 1 a (new) - having regard to Protocol (No 1) of the Treaty on the Functioning of the European Union (TFEU) on the role of National Parliaments in the European Union,
Amendment 10 #
Motion for a resolution Recital A A. whereas big data refers to the
Amendment 100 #
Motion for a resolution Paragraph 4 4. Takes the view that transparency, fairness, accountability and control over personal data are core values through which specific rights and obligations are derived, and which should guide the action of corporations, public authorities and other actors that use data to frame their decision-making procedures; emphasises the need for much greater transparency with regard to the logic of data processing and analytics by businesses, as an essential tool to guarantee the individuals' informed and meaningful consent over the use of their personal data, which often entails long periods of retention and repurposing;
Amendment 101 #
Motion for a resolution Paragraph 4 4. Takes the view that transparency, fairness, accountability and control over personal data are core values through which specific rights and obligations are derived, and which should guide the action of corporations, public authorities and other actors that use data to frame their decision-making procedures; emphasises the need for much greater transparency and for algorithmic accountability with regard to data processing and analytics by businesses; recalls that the GDPR already foresees a right to be informed about the logic involved in data processing;
Amendment 102 #
Motion for a resolution Paragraph 4 4. Takes the view that transparency, fairness, lawfulness, accountability and control over personal data are core values through which specific rights and obligations are derived, and which should guide the action of corporations, public authorities and other actors that use data to frame their decision-making procedures; emphasises the need for much greater transparency with regard to data processing and analytics by businesses, public authorities and any other actors that use big data analytics;
Amendment 103 #
Motion for a resolution Paragraph 4 4. Takes the view that transparency, fairness, accountability and control over personal data are core values through which specific rights and obligations are derived, and which should guide the action of
Amendment 104 #
Motion for a resolution Paragraph 4 4. Takes the view that transparency, fairness, accountability and control over personal data are core values through which specific rights and obligations are derived, and which should guide the action of corporations, public authorities and other actors that use data to frame their decision-making procedures; emphasises the need for much greater transparency with regard to data processing and analytics by businesses, administrations, decision makers and public actors;
Amendment 105 #
Motion for a resolution Paragraph 4 4. Takes the view that education, information, transparency,
Amendment 106 #
Motion for a resolution Paragraph 4 4. Takes the view that transparency, fairness, accountability and control over personal data are core values through which specific rights and important obligations are derived, and which should guide the action of corporations, public authorities and other actors that use data to frame their decision-making procedures; emphasises the need for much greater transparency with regard to data processing and analytics by businesses;
Amendment 107 #
Motion for a resolution Paragraph 4 4. Takes the view that transparency, fairness, accountability and control over personal data are core values through which specific rights and obligations are derived, and which should guide the action of
Amendment 108 #
Motion for a resolution Paragraph 4 4.
Amendment 109 #
Motion for a resolution Paragraph 4 a (new) 4 a. (new) Notes with concern that current models of giving consent by consumers, expressed through the acceptance by data subjects of complex, long and unintelligible Terms and Obligations, do not comply with the standards of EU law; highlights, in this context, the need to ensure, through transparency of the logic of data processing, the ability of the consumer to make autonomous decisions regarding their preferences and choices;
Amendment 11 #
Motion for a resolution Recital A a (new) A a. whereas certain big data use-cases involve the training of artificial intelligence appliances such as neuronal networks and statistical models in order to predict certain events and behaviours; whereas the training data often is of questionable quality and not neutral;
Amendment 110 #
Motion for a resolution Paragraph 4 a (new) 4a. Stresses the importance of reinforcing the right of users of connected objects to be informed and to be able to refuse the collection and use of their personal data collected for purposes other than those clearly provided for by the normal use of the connected objects in question;
Amendment 111 #
Motion for a resolution Paragraph 4 a (new) 4 a. Is concerned that the concentration in digital markets stifles competition and thus choice and could harm the rights of data subjects and consumers, including with regard to mergers;
Amendment 112 #
Motion for a resolution Paragraph 5 5. Highlights the fundamental role that the Commission, the European Data Protection Board and other independent supervisory authorities should play in the coming years and decades to promote legal certainty concerning concrete standards protecting fundamental rights and guarantees associated with the use of data processing and analytics; underlines the necessity for closer collaboration among regulators of conduct in the digital environment, thus strengthening the synergies between regulatory frameworks for consumers, antitrust and data protection and proposes to further explore the possibility of setting up a Digital Clearing House [1]; furthermore calls for adequate funding and staffing of such authorities; [1] Opinion 8/2016 of the European Data Protection Supervisor of 23 September 2016 entitled 'EDPS Opinion on coherent enforcement of fundamental rights in the age of big data', p. 15.
Amendment 113 #
Motion for a resolution Paragraph 5 5. Highlights the fundamental role that the Commission, the European Data Protection Board and other independent supervisory authorities should play in the coming years and decades to promote legal certainty concerning concrete standards protecting fundamental rights and guarantees associated with the use of data processing and analytics; further highlights the urgent need for more, and also informal, forms of cooperation between the industry, the regulators, the Commission and the legislator, as requested by the industry, in order to foster the culture of compliance and facilitate the processes to find more methods to create privacy and data protection by design and default, and to discuss current issues;
Amendment 114 #
Motion for a resolution Paragraph 5 5. Highlights the fundamental role that the Commission, the European Data Protection Board and other independent supervisory authorities should play in the coming years and decades to promote legal certainty and security concerning concrete standards protecting fundamental rights and guarantees associated with the use of data processing and analytics, so as to ensure a high level of protection for citizens' individual rights;
Amendment 115 #
Motion for a resolution Paragraph 5 5. Highlights the
Amendment 116 #
Motion for a resolution Paragraph 5 5. Highlights the fundamental role that the Commission, the European Data Protection Board, the European Data Protection Supervisor and other independent supervisory authorities should play in the coming years and decades to
Amendment 117 #
Motion for a resolution Paragraph 5 5. Highlights the fundamental role that the Commission, the European Data Protection Board, national data protection authorities and other independent supervisory authorities should play in the coming years and decades to promote legal certainty concerning concrete standards protecting fundamental rights and guarantees associated with the use of data processing and analytics;
Amendment 118 #
Motion for a resolution Paragraph 5 5. Highlights the fundamental role that the Commission, the European Data Protection Board and other independent supervisory authorities should play in the coming years and decades to promote transparency, due process and legal certainty concerning concrete standards protecting fundamental rights and guarantees associated with the use of data processing and analytics;
Amendment 119 #
Motion for a resolution Paragraph 5 5. Highlights the fundamental role that the Commission, the European Data Protection Board and other independent supervisory authorities should play
Amendment 12 #
Motion for a resolution Recital B B. whereas the progress of communication technologies and the ubiquitous use of electronic devices, monitoring gadgets, social media, web interactions and networks, including devices which communicate information without human interference, have led to the development of massive, ever-growing data sets which, through advanced processing techniques and analytics, provide unprecedented insight into human behaviour and our societies; whereas third countries and Member States' intelligence services have been increasingly relying on the processing and analytics of such datasets, outside of any legal framework, or most recently through the adoption of legislations for which compatibility with EU primary and secondary law raises concerns and remains to be ascertained;
Amendment 120 #
Motion for a resolution Paragraph 5 5. Highlights the fundamental role that
Amendment 121 #
Motion for a resolution Paragraph 5 5. Highlights the fundamental role that the Commission, the European Data Protection Board and other independent supervisory authorities should play in the coming years and decades to
Amendment 122 #
Motion for a resolution Paragraph 5 a (new) 5a. Stresses that the development of big data makes anonymisation increasingly difficult, and that specific risks may arise particularly when the anonymised data are exported to third countries, where a re-identification could take place;
Amendment 123 #
Motion for a resolution Paragraph 5 a (new) 5 a. Underlines that the essence of big data should be to achieve comparable correlations with as little personal data as possible; stresses in that regard that science, business and public communities should focus on research and innovation in the area of anonymisation;
Amendment 124 #
Motion for a resolution Paragraph 5 b (new) 5 b. Recognises that while the application of pseudonymisation, anonymisation or encryption to personal data can reduce the risks to the data subjects concerned when personal data are used in big data applications or cloud computing, any processing of sensitive data should take into account the risks of future abuses of these measures; recalls that anonymisation is an irreversible process by which personal data can no longer be used to identify or single out a natural person;
Amendment 125 #
Motion for a resolution Paragraph 6 Amendment 126 #
Motion for a resolution Paragraph 6 6.
Amendment 127 #
Motion for a resolution Paragraph 6 6. Takes the view that anonymisation techniques should comprise technical measures and contractual obligations which ensure non-re-identification; calls on
Amendment 128 #
Motion for a resolution Paragraph 6 6. Takes the view that anonymisation techniques should comprise technical measures and contractual obligations which ensure non-re-identification; calls on corporations to regularly review such risks in light of new technologies and to document the appropriateness of measures adopted, allowing independent supervisory authorities to monitor practices and provide audit recommendations, which should be implemented without delay;
Amendment 129 #
Motion for a resolution Paragraph 6 6. Takes the view that anonymisation techniques should comprise technical measures and contractual obligations which ensure non-re-identification; calls on corporations and other actors involved in the analysis of big data to regularly review such risks in light of new technologies and to document the appropriateness of measures adopted, allowing independent supervisory authorities to monitor practices and provide recommendations;
Amendment 13 #
Motion for a resolution Recital B B. whereas the progress of communication technologies and the ubiquitous use of electronic devices, monitoring gadgets, social media, web interactions and networks, including devices which communicate information without human interference, have led to the development of massive, ever-growing data sets which, through advanced processing techniques and analytics, provide unprecedented insight into human behaviour and our societies, usually without users' knowledge;
Amendment 130 #
Motion for a resolution Paragraph 6 6. Takes the view that anonymisation techniques should comprise of technical measures and contractual obligations which ensure non-re-identification; calls on
Amendment 131 #
6. Takes the view that anonymisation techniques should comprise technical measures and contractual obligations which ensure non-re-identification; calls on corporations to regularly review such risks in light of new technologies and to document the appropriateness of measures adopted, allowing independent supervisory authorities to monitor practices and provide recommendations;
Amendment 132 #
Motion for a resolution Paragraph 6 a (new) 6 a. Highlights the advantages of pseudonymisation provided for by the GDPR as an appropriate safeguard in order to guarantee a high level of protection of personal data. Points out that pseudonymisation and encryption techniques can play an important role to foster innovation and economic growth by enabling the further processing of personal data for big data analytics, while at the same time ensuring a strong protection of the data subject's privacy. Calls therefore upon the Commission – in its upcoming review of the e-Privacy Directive (2002/58/EC) - to also recognize pseudonymisation as an appropriate safeguard that can reduce risks of the data subjects concerned;
Amendment 133 #
Motion for a resolution Paragraph 6 b (new) 6 b. Urges that pseudonymisation and the re-use of data is becoming an issue that strongly needs to be addressed. In this regard calls upon the Commission to bring forward a legislative proposal recognizing pseudonymous data as a new data category. Therefor it would be necessary to introduce a clear legal framework for the use of big data techniques which re-identify individuals by applying the encoding key and therein to include appropriate safeguards for re- identification procedures;
Amendment 134 #
Motion for a resolution Paragraph 7 7. Urges corporations and other data controllers to make use of instruments provided for by the GDPR, such as codes of conduct
Amendment 135 #
Motion for a resolution Paragraph 7 7.
Amendment 136 #
Motion for a resolution Paragraph 7 7.
Amendment 137 #
Motion for a resolution Paragraph 7 7. Urges
Amendment 138 #
Motion for a resolution Paragraph 7 7. Urges
Amendment 139 #
Motion for a resolution Paragraph 7 a (new) 7 a. Urges the EU legislators to consider that we still have to remove a series of technical and in particular legal barriers to benefit fully from the potential of big data and other data technologies. Takes the view, that in this regard the data minimisation provided for by the GDPR as one of the principles relating to processing of personal data, as well as the automated processing and profiling could be an obstacle to big data analytics. Calls therefore upon the Commission to provide an appropriate and corresponding legal framework to allow companies to easily create value out of big data while protecting the privacy of citizens and providing data security. In this regard, the Commission should help citizens to understand what benefits the use of big data offers along with the risks;
Amendment 14 #
Motion for a resolution Recital B B. whereas the progress of communication technologies and the ubiquitous use of electronic devices, monitoring gadgets, social media, web interactions and networks, including devices which communicate information without human interference, have led to the development of massive, ever-growing data sets which, through advanced processing techniques and analytics, provide unprecedented insight into human behaviour, private life and our societies;
Amendment 140 #
Motion for a resolution Paragraph 7 a (new) 7 a. Invites the European Commission to consider taking into account data protection and consumer protection standards in the context of relevant merger control cases and cases of exploitative abuse as understood by competition law under Article 102 TFEU; believes that the Merger Regulation should be further interpreted to protect the rights under the EU Charter to privacy, data protection and freedom of expression online;
Amendment 141 #
Motion for a resolution Paragraph 7 a (new) 7 a. (new) Is particularly concerned with the detrimental impact that data analytics may have on fairness and equality of opportunities for access to education and employment due to the use of algorithmic systems to recruit and score applications, which may counter diversity and perpetuate biases and discrimination against some populations groups;
Amendment 142 #
Motion for a resolution Paragraph 7 a (new) 7 a. Stresses that the principles of 'data minimisation', 'purpose specification', 'limitation', as well as transparency and consent are fully compatible with big data and they should be fully implemented;
Amendment 143 #
Motion for a resolution Paragraph 7 a (new) 7 a. Takes the view that a privacy impact assessment should be obligatory for the public sector and for the companies using big data analytics in their everyday activities;
Amendment 144 #
Motion for a resolution Paragraph 7 b (new) 7 b. Calls on the Commission and Member States to ensure that data-driven technologies do not narrow down or discriminate access to a pluralistic media environment, but rather foster media freedom and pluralism; emphasises that cooperation between governments, educational institutions and media organisations will play a pivotal role in ensuring that digital media literacy is supported to empower citizens and protect their rights to information and to freedom of expression;
Amendment 145 #
Motion for a resolution Paragraph 7 c (new) 7 c. (new) Notes that the GDPR contains specific safeguards which could help tackle the market imbalances in the digital sector, namely the enforcement, by DPAs, of data minimisation, the right of individuals to receive information regarding the logic involved in automated decision-making and profiling and the fact that DPAs and consumer authorities may advise competition authorities on mergers in the digital sector; takes the view that responsibilities for businesses must take into account factors like the companies' market power and the kind of data processing used and its risks; is concerned by the concentration of markets in the digital sector, which may increase prices and lead to arbitrary price discrimination by private operators, based on the analysis of large amounts of data ; stresses in this regard, that the enforcement of data portability under GDPR is crucial to reverse this trend in the market, whereby the data subject should be allowed to receive personal data concerning him or her which he or she has provided to a controller in a structured, commonly used, machine- readable and interoperable format, and to transmit it to another controller, i.e., a competitor;
Amendment 146 #
Motion for a resolution Paragraph 7 d (new) 7 d. (new) Acknowledges the positive impact of smart devices and big data in improving access by citizens to information of public interest and the interaction of individuals with public authorities, thereby improving levels of public scrutiny, inclusive governance and democratic participation, accountability and the rule of law; calls on the EU and Member States to ensure that open, free and machine readable non personal data is available, by default, over issues of public interest and which may be used by citizens, businesses and organisations for various purposes;
Amendment 147 #
Motion for a resolution Paragraph 7 e (new) 7 e. (new) Takes the view that publication of personal data by public authorities for reasons of public interest, such as the prevention of corruption, conflicts of interest, tax fraud and money laundering, may be admissible in a democratic society, provided that the data is disclosed in conditions laid down by law, that the appropriate safeguards are in place and that such publication is necessary to the aim pursued and proportionate;
Amendment 148 #
Motion for a resolution Paragraph 8 8. Acknowledges that data loss and theft, infection by malware, unauthorised access to data and unlawful surveillance are some of the most pressing risks associated with contemporary data processing activities, such as big data techniques; believes that tackling such threats requires genuine and concerted cooperation between the private sector, governments, law enforcement authorities and independent supervisory authorities; calls for strengthening investment into privacy by design and default and new encryption techniques that decentralise storage of compromising information; stresses that such measures should not only be applied by big companies and governmental agencies, but by all actors involved in big data analytics, including SMEs, and other actors dealing with sensitive data, such as lawyers, journalists and people working in the health sector;
Amendment 149 #
Motion for a resolution Paragraph 8 8. Acknowledges that data loss and theft, infection by malware, unauthorised access to data and unlawful surveillance are some of the most pressing risks associated with contemporary data processing activities, such as big data techniques; believes that tackling such threats requires genuine and concerted cooperation between the private sector, governments, law enforcement authorities and independent supervisory authorities; takes the view that the use of end-to-end encryption should also be encouraged and when necessary, mandated, in accordance with the principle of data protection by design; recommends in this regard that any future legislative framework specifically prohibit encryption providers, communications service providers and all other organisations (at all levels of the supply chain) from allowing or facilitating 'back-doors';
Amendment 15 #
Motion for a resolution Recital B B. whereas the progress of communication technologies and the ubiquitous use of electronic devices, monitoring gadgets, social media, web interactions and networks, including devices which communicate information without human interference, have led to the development of massive, ever-growing data sets which, through advanced processing techniques and analytics, may provide unprecedented insight into human behaviour and our societies;
Amendment 150 #
Motion for a resolution Paragraph 8 8. Acknowledges that data loss and theft, infection by malware, unauthorised access to data and unlawful surveillance are some of the most pressing risks associated with contemporary data processing activities, such as big data techniques, especially in the context of the "Internet of things"; believes that tackling such threats requires genuine and concerted cooperation between the private sector, governments, law enforcement authorities and independent supervisory authorities
Amendment 151 #
Motion for a resolution Paragraph 8 8. Acknowledges that data loss and theft, infection by malware, unauthorised access to data and unlawful surveillance are some of the most pressing risks associated with contemporary data processing activities, such as big data techniques; believes that tackling such threats requires genuine and concerted cooperation between the private sector, governments, law enforcement authorities and independent supervisory authorities; recognizes the added value of the technological development that will improve security;
Amendment 152 #
Motion for a resolution Paragraph 8 8. Acknowledges that data
Amendment 153 #
Motion for a resolution Paragraph 8 8. Acknowledges that data loss and theft, infection by malware, unauthorised access to data and unlawful surveillance are some of the most pressing risks associated with contemporary data processing activities, such as big data techniques; believes that tackling such threats while protecting fundamental data protection rights requires genuine and concerted cooperation between the private sector, governments, law enforcement authorities and independent supervisory authorities;
Amendment 154 #
Motion for a resolution Paragraph 8 8. Acknowledges that data loss and theft, infection by malware, unauthorised access to data and unlawful surveillance are some of the most pressing risks associated with contemporary data processing activities, such as big data techniques; believes that
Amendment 155 #
Motion for a resolution Paragraph 8 8. Acknowledges that data loss and theft, infection by malware, unauthorised access to data and unlawful surveillance are some of the most pressing risks associated with
Amendment 156 #
Motion for a resolution Paragraph 8 a (new) 8 a. Reminds that in accordance with Article 15 of Directive 2001/31/EC, Member States shall not impose a general obligation on providers of transmission, storage and hosting services to monitor the information which they transmit or store, nor a general obligation actively to seek facts or circumstances indicating illegal activity; reiterates in particular that the Court of Justice of the European Union, in its Judgments C-360/10 and C- 70/10, rejected measures for the 'active monitoring' of almost all users of the services concerned (internet access providers in one case, a social network in the other) and specified that any injunction requiring a hosting services provider to undertake general monitoring shall be precluded;
Amendment 157 #
Motion for a resolution Paragraph 8 a (new) 8 a. Is concerned about the collection and use of personal data by large social media platforms in combination with the use of algorithms that determine what news is being consumed by its users and the impact this has on the political process, in particular on the concept of free and fair elections; underlines that a large market share of those social media platforms must go hand in hand with a large responsibility in protecting the freedom of opinion, which could be jeopardized by the influence of algorithms determining the news consumption of the users of social media platforms;
Amendment 158 #
Motion for a resolution Paragraph 8 a (new) 8 a. Urges that primary attention should be paid to the security of e- Government systems, so as to ensure citizens' privacy and protection of their personal data, such as through 'privacy by design and by default', regular use of data anonymisation techniques, performing mandatory privacy impact assessments;
Amendment 159 #
Motion for a resolution Paragraph 8 a (new) 8a. Calls for the strengthening of supervision and of the role of European and national authorities in the control and collection of big data processing algorithms held by public and private entities;
Amendment 16 #
Motion for a resolution Recital B a (new) B a. whereas big data refers to the recurring accumulation of large amounts of data, including personal data, from a variety of sources, which are subject to automatic processing by computer algorithms and advanced data-processing techniques in order to generate certain correlations, trends and patterns (big data analytics);
Amendment 160 #
Motion for a resolution Paragraph 8 b (new) 8 b. Highlights that the increase of data generation and data flows due to technological development, and in particular the Internet of Things, also implies further vulnerabilities and new cyber security challenges; recommends in this regard to adapt and further develop minimum security standards to ensure big data development does not increase exposure to cyber security risks;
Amendment 161 #
Motion for a resolution Paragraph 8 b (new) 8 b. Welcomes the European Commission's contractual Public-Private Partnership (cPPP) on cybersecurity, a strong collaboration between the public and private sector can enhance cyber resilience and can better combat cybercrime; strongly suggests good case practices sharing from Member States that already set up effective public-private partnerships;
Amendment 162 #
Motion for a resolution Paragraph 9 Amendment 163 #
Motion for a resolution Paragraph 9 9. Calls on the Union and the Member States to identify and minimise algorithmic discrimination and bias and to develop a strong and common ethics framework for the processing of personal data and automated decision-making;urges the EU and Member States to define and adopt, as far as possible, a simple, explicit and common ethical framework that may guide data usage and the ongoing enforcement of EU law;
Amendment 164 #
Motion for a resolution Paragraph 9 9. Calls on the Union and the Member States to
Amendment 165 #
Motion for a resolution Paragraph 9 9.
Amendment 166 #
Motion for a resolution Paragraph 9 9. Calls on the
Amendment 167 #
Motion for a resolution Paragraph 9 9. Calls on the Union and the Member States to identify and minimise algorithmic discrimination and bias and to develop a strong and common
Amendment 168 #
Motion for a resolution Paragraph 9 9. Calls on the Union and the Member States to identify and
Amendment 169 #
Motion for a resolution Paragraph 9 9. Calls on the
Amendment 17 #
Motion for a resolution Recital C C. whereas corporations, governments and organisations have taken advantage of such data sets and big data analytics to
Amendment 170 #
Motion for a resolution Paragraph 9 9. Calls on the Union and the Member States to identify and minimise algorithmic discrimination and bias and to develop a strong and common ethics framework for
Amendment 171 #
Motion for a resolution Paragraph 9 a (new) 9 a. Big data for scientific purposes Stresses that big data analytics can be beneficial for the scientific development and research; believes that development and use of big data analytics for scientific purposes has to be with due regard for the fundamental rights enshrined in the Charter of Fundamental Rights and in compliance with the current Union data protection legislation;
Amendment 172 #
Motion for a resolution Paragraph 9 a (new) 9 a. (now) Notes that discriminatory results may arise from several stages of data processing and analysis, from choosing the datasets and algorithms used to make predictions, to the definition and interpretation of the information to be obtained through the data analysis;
Amendment 173 #
Motion for a resolution Paragraph 9 a (new) 9 a. Calls on the Commission, the Member States and the data protection authorities to specifically evaluate the need for not only algorithmic transparency, but also for transparency about possible biases in the training data used to make inferences based on big data;
Amendment 174 #
Motion for a resolution Paragraph 9 a (new) 9 a. Open government data Emphasises the need to ensure that big data developments effectively contribute to a greater access to data produced or commissioned by government or government controlled entities which can be freely used, reused and redistributed by anyone, thus strengthening the principle of open government data, and enhancing transparency, e-governance as well as social and commercial value;
Amendment 175 #
Motion for a resolution Paragraph 9 b (new) 9 b. (new) Recommends that businesses conduct regular assessments of how representative the data sets are, consider whether biases are being incorporated and develop strategies to overcome those biases; highlights the need to review how accurate and meaningful predictions based on data analytics are, having ethics concerns and fairness in mind;
Amendment 176 #
Motion for a resolution Paragraph 10 10.
Amendment 177 #
Motion for a resolution Paragraph 10 10. Encourages all law enforcement actors that use data processing and analytics to ensure appropriate human intervention throughout the various stages of the processing and analysis of data, especially when decisions may carry high risks for individuals; underlines that the collection of personal data for law enforcement purposes must always be proportionate and that purpose and necessity for the collection of this data must be clearly proven;
Amendment 178 #
Motion for a resolution Paragraph 10 10. Encourages all law enforcement actors that use data processing and analytics to ensure appropriate human intervention, approved by court orders, throughout the various stages of the processing and analysis of data, especially when decisions may carry high risks for individuals;
Amendment 179 #
Motion for a resolution Paragraph 10 10. Encourages all law enforcement actors that collect data and use data processing and analytics to ensure appropriate human intervention throughout the various stages of the collection, processing and analysis of data,
Amendment 18 #
Motion for a resolution Recital C C. whereas
Amendment 180 #
Motion for a resolution Paragraph 10 10. Encourages all law enforcement actors that use data processing and analytics to ensure appropriate human intervention throughout the various stages of the processing and analysis of data,
Amendment 181 #
Motion for a resolution Paragraph 10 10.
Amendment 182 #
Motion for a resolution Paragraph 10 a (new) 10 a. Stresses the prohibition to process personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation, unless suitable measures to safeguard the data subject's rights and freedoms and legitimate interests are in place;
Amendment 183 #
Motion for a resolution Paragraph 10 a (new) 10 a. Calls upon the Commission to bring forward a legal proposal to allow the use of big data tools as an investigation method and for evidence purposes in particular to give law enforcement authorities the basis for authorisation for targeted server search for wanted persons whereby the data of a large number of people are checked against existing data in a database;
Amendment 184 #
Motion for a resolution Paragraph 10 a (new) 10 a. (new) Notes that the potential of data processing and analytics in tackling crime, and especially certain types of criminal activities, still needs to be scientifically assessed, despite the growing trend to adopt predictive technologies to prevent crime and redirect police resources based on information provided by these technologies;
Amendment 185 #
Motion for a resolution Paragraph 10 b (new) 10 b. Stresses the need to put in place appropriate safeguards including the provision of specific information to the data subject and the right to obtain human intervention, in particular to express his or her point of view, to obtain an explanation of the decision reached after such assessment or to challenge the decision; and that control through an independent and sufficiently staffed and financed authority has to be ensured;
Amendment 186 #
Motion for a resolution Paragraph 11 Amendment 187 #
Motion for a resolution Paragraph 11 11. Stresses, in particular, the importance of carrying out prior impact assessments and audits that take account of ethical concerns in order to assess the inclusiveness, accuracy and quality of the data and the quality of the technology purchased, and to ensure that individuals targeted by the decisions and/or actors involved in the decision-making processes are able to challenge the analysis, patterns and correlations and to prevent any harmful effects on certain groups of individuals; further underlines the need to ensure that only the minimum necessary data is collected, used and stored;
Amendment 188 #
Motion for a resolution Paragraph 11 11. Stresses
Amendment 189 #
Motion for a resolution Paragraph 11 11. Stresses, in particular, the importance of carrying out prior impact assessments that take account of ethical concerns and legal obligations in order to assess the inclusiveness, accuracy and quality of the data, and to ensure that individuals targeted by the decisions and/or actors involved in the decision-making processes are able to challenge the collection or analysis, patterns and correlations and to prevent any harmful effects on certain groups of individuals;
Amendment 19 #
Motion for a resolution Recital C C. whereas corporations,
Amendment 190 #
Motion for a resolution Paragraph 11 11. Stresses, in particular, the importance of carrying out prior impact assessments that take account of ethical concerns and legal obligations in order to assess the inclusiveness, accuracy and quality of the data, and to ensure that individuals targeted by the decisions and/or actors involved in the decision-making processes are able to understand and challenge the analysis, patterns and correlations and to prevent any harmful effects on certain groups of individuals;
Amendment 191 #
Motion for a resolution Paragraph 11 11. Stresses, in particular, the
Amendment 192 #
Motion for a resolution Paragraph 11 a (new) 11 a. Points out that the trust of citizens in digital services can be seriously undermined by government activities of mass surveillance and unwarranted access to commercial and other personal data by law enforcement authorities; underlines the necessity for the strict compliance with fundamental rights when using commercial data for law enforcement purposes;
Amendment 193 #
Motion for a resolution Paragraph 11 a (new) 11 a. Points out that certain models of predictive policing are more privacy- friendly than others, e.g. where probabilistic predictions are made about places or events and not about individual persons; is concerned that almost all predictive policing tools are proprietary software, which limits transparency and accountability;
Amendment 194 #
Motion for a resolution Paragraph 11 a (new) 11 a. Reminds that legislation permitting the public authorities to have access on a generalised basis to the content of electronic communications must be regarded as compromising the essence of the fundamental right to respect for private life, as guaranteed by Article 7 of the Charter;
Amendment 195 #
Motion for a resolution Paragraph 8 a (new) 8 a. Urges the Commission and the Member States to put in place all juridical measures to fight against the phenomenon of violence against women online and cyber bullying; in particular asks to the EU and the Member States to combine forces in order to create a criminal offence framework that obliges online corporations to delete or to stop the spreading of degrading, offensive and humiliating content; it also asks to put in place psychological support for women victims of violence online and girls cyber bullied;
Amendment 196 #
Motion for a resolution Paragraph 8 a (new) 8 a. Emphasises the vulnerability of children merits them particular protection with regards to personal data; highlights that data processing can also be used to undermine child trafficking
Amendment 197 #
Motion for a resolution Paragraph 12 12. Underlines the absolute need to protect law enforcement databases from data loss and theft, infection by malware and unauthorised access to data by non- authorised persons; believes that tackling such concerns requires genuine, concerted cooperation between law enforcement authorities and independent supervisory authorities; insists in the regard on the need to guarantee adequate security for personal data, in accordance with Regulation(EU) 2016/679 and Directive (EU) 2016/680, as well as to minimize vulnerabilities through secured and decentralized database architectures;
Amendment 198 #
Motion for a resolution Paragraph 12 12. Underlines the absolute need to protect law enforcement databases from data loss and theft, infection by malware and unauthorised access to data by non- authorised persons; believes that tackling such concerns requires genuine, concerted cooperation between law enforcement authorities and independent supervisory authorities; highlights that accountability must be clear in case of grave neglect or unlawful behaviour by law enforcement staff leading to data loss and theft, infection by malware and unauthorised access to data by non-authorised persons;
Amendment 199 #
Motion for a resolution Paragraph 12 12. Underlines the absolute need to protect law enforcement databases from data loss and theft, infection by malware and unauthorised access to data by non- authorised persons; believes that tackling such concerns requires genuine, concerted cooperation between law enforcement authorities and independent supervisory authorities; is concerned that, particularly in the hands of the authorities, centralised data have proved particularly vulnerable in the past, and takes the view that decentralised data banks mean lower security risks;
Amendment 2 #
Motion for a resolution Citation 1 b (new) - having regard to Protocol (No 2) of the Treaty on the Functioning of the European Union (TFEU) on the application of the principles of Subsidiarity and Proportionality,
Amendment 20 #
Motion for a resolution Recital C C. whereas
Amendment 200 #
Motion for a resolution Paragraph 12 12. Underlines the absolute need to protect law enforcement databases from data loss and theft, infection by malware and unauthorised access to data by non- authorised persons; believes that tackling such concerns requires genuine, concerted cooperation between law enforcement authorities and independent supervisory authorities and the creation possibly of a European task force made up of the Member States' best experts;
Amendment 201 #
Motion for a resolution Paragraph 12 12. Underlines the absolute need to protect law enforcement databases from data loss and theft, infection by malware and unauthorised access to data by non- authorised persons; believes that tackling such concerns requires genuine, concerted cooperation between law enforcement authorities and independent supervisory authorities, in compliance with the current legislation;
Amendment 202 #
Motion for a resolution Paragraph 12 12. Underlines the absolute need to protect law enforcement databases from data loss and theft, infection by malware and unauthorised access to data by non- authorised persons; believes that tackling such concerns requires genuine, concerted and effective cooperation between law enforcement authorities and independent supervisory authorities;
Amendment 203 #
Motion for a resolution Paragraph 12 12.
Amendment 204 #
Motion for a resolution Paragraph 12 a (new) 12 a. (new) Stresses the need for guidelines and systems to be incorporated into public tenders for law enforcement data processing models, tools and programs in order to guarantee that the underlying code can be and is checked by the law enforcement authority themselves prior to final purchase and can be verified for its correctness and security;
Amendment 205 #
Motion for a resolution Paragraph 12 a (new) 12 a. Highlights that cybersecurity measures that involve the handling of personal data, need to respect the protection of EU civil liberties and fundamental rights, ensuring the utmost respect for privacy and data protection;
Amendment 206 #
Motion for a resolution Paragraph 13 13. Warns that, owing to the intrusiveness of decisions and measures taken by law enforcement authorities in citizens’ lives and rights, maximum caution is necessary to avoid unlawful discrimination and the targeting of a certain p
Amendment 207 #
Motion for a resolution Paragraph 13 13. Warns that, owing to the intrusiveness of decisions and measures taken by law enforcement authorities in citizens’ lives and rights, maximum caution is necessary to avoid unlawful discrimination and the targeting of certain population groups, especially marginalised groups and ethnic and racial minorities, such as the Roma, who are often subject to ethnic profiling, under- and over- policing;
Amendment 208 #
Motion for a resolution Paragraph 13 13.
Amendment 209 #
Motion for a resolution Paragraph 13 13. Warns that, owing to the intrusiveness of decisions and measures taken by law enforcement authorities in citizens
Amendment 21 #
Motion for a resolution Recital C C. whereas
Amendment 210 #
Motion for a resolution Paragraph 13 13. Warns that, owing to the i
Amendment 211 #
Motion for a resolution Paragraph 13 a (new) 13 a. (new) Stresses that, especially with regard to the use of big data technologies by law enforcement, it is crucial to acknowledge limitations of the results and ensure that mechanisms are in place to catch and remedy possible errors; calls for proper training for the frontline collectors of data and users of "intelligence" derived from the data analysis;
Amendment 212 #
Motion for a resolution Paragraph 13 a (new) 13a. Stresses the risks to civil liberties and human rights of any predictive use that may be made of big data;
Amendment 213 #
Motion for a resolution Paragraph 14 14. Calls on
Amendment 214 #
Motion for a resolution Paragraph 14 14. Calls on the Member States’ law enforcement authorities that make use of data analytics to uphold the highest legal standards
Amendment 215 #
Motion for a resolution Paragraph 14 14. Calls on the Member States’ law enforcement authorities that make use of data analytics to uphold the highest standards of ethics in the analysis of data and to ensure human intervention and accountability throughout the different stages of decision-making, not only to assess the representativeness, accuracy and quality of the data, but also to assess the appropriateness of each decision to be taken on the basis of that information;
Amendment 22 #
Motion for a resolution Recital C a (new) C a. whereas the big data market is growing as the technology and process of data-driven decision making is increasingly accepted as a solution;
Amendment 23 #
Motion for a resolution Recital C b (new) C b. whereas there is no methodology yet to make an evidence-based assessment of the impact of big data but there is evidence proving that big data analytics and decision making solutions have the potential to have a significant impact in a wide range of application areas horizontally across both the public and private sectors;
Amendment 24 #
Motion for a resolution Recital C c (new) C c. whereas big data in decision making would ultimately provide a competitive advantage to European companies by improving business-critical management while the public sector would benefit from an increase in efficiency through greater insights on socio-economic developments at different scales;
Amendment 25 #
Motion for a resolution Recital D D. whereas big data has the potential to bring
Amendment 26 #
Motion for a resolution Recital D D. whereas big data has the potential to bring undeniable benefits and opportunities for citizens, businesses and governments, but also entails significant risks, namely with regard to the protection of fundamental rights as guaranteed by the EU Charter and Union law; whereas the interest of the individual as well as the protection of fundamental rights ought to be further scrutinized in the context of big data mergers;
Amendment 27 #
Motion for a resolution Recital D D. whereas big data has the potential to bring undeniable benefits and opportunities for citizens, businesses and governments, but also entails significant risks, namely with regard to the protection of fundamental rights such as the right to privacy and data protection, but also to other fundamental rights, including freedom of expression and non- discrimination, as guaranteed by the EU Charter and Union law;
Amendment 28 #
Motion for a resolution Recital D D. whereas big data has the potential to bring undeniable benefits and opportunities for citizens, businesses and governments, but also entails significant risks, namely with regard to the protection of fundamental rights as guaranteed by the EU Charter
Amendment 29 #
Motion for a resolution Recital Δ D. whereas big data has the potential to bring undeniable benefits and opportunities for citizens, businesses and governments, but also entails significant risks, namely with regard to the protection of fundamental rights as guaranteed by the EU Charter and Union law, such as the right to privacy;
Amendment 3 #
Motion for a resolution Citation 2 a (new) - having regard to the guidelines for the regulation of computerised personal data files of the United Nations General Assembly in its Resolution 45/95 of 14 December 1990,
Amendment 30 #
Motion for a resolution Recital D D. whereas big data has the potential to bring undeniable benefits and opportunities for citizens, academia and scientific community, businesses and governments, but also entails significant risks, namely with regard to the protection of fundamental rights as guaranteed by the EU Charter and Union law;
Amendment 31 #
Motion for a resolution Recital D D. whereas, whilst big data has the potential to bring
Amendment 32 #
Motion for a resolution Recital D a (new) D a. whereas media reports have revealed the scale of personalised and targeted communication in political campaigns, not only, but also in the context of elections in the United States for several years now, and more recently in the context of the UK "Brexit" referendum;
Amendment 33 #
Motion for a resolution Recital D a (new) D a. whereas the Commission's Digital Single Market Strategy for Europe recognise the potential of data-driven technologies, services and big data as catalyst for economic growth, innovation and digitalisation in the EU;
Amendment 34 #
Motion for a resolution Recital D a (new) D a. whereas we observe a blurring difference between personal and non- personal data emerging from the use of big data and big data analytics has the potential to create new personal data;
Amendment 35 #
Motion for a resolution Recital D b (new) D b. whereas the big data sector is growing by 40% per year, seven times faster than the IT market;
Amendment 36 #
Motion for a resolution Recital D c (new) D c. whereas big data has a huge unrealised potential as a driver of productivity and as a way of offering better products and services to citizens;
Amendment 37 #
Motion for a resolution Recital D d (new) D d. whereas big data can increase the operational efficiency and targeting of service delivery in the public sector;
Amendment 38 #
Motion for a resolution Recital E Amendment 39 #
Motion for a resolution Recital E E. whereas the pervasiveness of sensors, extensive routine data production and contemporary data-processing activities are characterised by a high degree of opacity, which hinders the capacity of citizens and authorities to assess the processes and purpose of the collection, compilation, analysis and use of personal data, along with the appropriateness of security measures and safeguards applied for its protection or lack thereof;
Amendment 4 #
Motion for a resolution Citation 3 a (new) - having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ' A Digital Single Market Strategy for Europe' of 6 May 2015 COM(2015)192 final;
Amendment 40 #
Motion for a resolution Recital E E. whereas the
Amendment 41 #
Motion for a resolution Recital E E. whereas the pervasiveness of sensors, extensive routine data production and
Amendment 42 #
Motion for a resolution Recital Ε E.
Amendment 43 #
Motion for a resolution Recital E E. whereas the pervasiveness of sensors, extensive routine data production and contemporary data-processing activities are
Amendment 44 #
Motion for a resolution Recital E a (new) E a. (new) whereas the generalised use of smart devices, networks and web applications by citizens, businesses and organisations cannot be considered an indication of satisfaction with the products offered, but rather a general resignation with the fact that these services have become indispensable to live, communicate and work, despite the lack of understanding of the risks they might entail to our well being, security and rights;
Amendment 45 #
Motion for a resolution Recital E b (new) E b. (new) whereas the concentration of large datasets produced by new technologies offers crucial information for large corporations, which triggers unprecedented shifts in the balance of power between citizens, governments and private actors; whereas such concentration of power in the hands of corporations might consolidate monopolies and abusive practices, and have a detrimental effect in consumers' rights and in fair market competition;
Amendment 46 #
Motion for a resolution Recital F F. whereas
Amendment 47 #
Motion for a resolution Recital F F. whereas biased algorithms and other analytical tools, low quality of data, spurious correlations
Amendment 48 #
Motion for a resolution Recital F F. whereas biased algorithms and other analytical tools, low quality of data, spurious correlations, errors, the underestimation of legal, social and ethical implications and the marginalisation of the role of humans in these processes can trigger flawed decision-making procedures, with a detrimental impact on our societies, the lives and opportunities of citizens, and in particular for marginalised groups;
Amendment 49 #
Motion for a resolution Recital F F. whereas biased algorithms and other analytical tools, low quality of data, spurious correlations, errors, the underestimation of legal, social and ethical implications, the risk of use for discriminatory or fraudulent purposes and the marginalisation of the role of humans in these processes can
Amendment 5 #
Motion for a resolution Citation 6 a (new) - having regard to Opinion 8/2016 of the European Data Protection Supervisor of 23 September 2016 entitled ' EDPS Opinion on coherent enforcement of fundamental rights in the age of big data',
Amendment 50 #
Motion for a resolution Recital F F. whereas
Amendment 51 #
Motion for a resolution Recital F F. whereas
Amendment 52 #
Motion for a resolution Recital ΣΤ F. whereas biased algorithms and other analytical tools, low quality of data, spurious correlations, errors, the underestimation of legal, social and ethical implications and the marginalisation of the role of humans in these processes
Amendment 53 #
Motion for a resolution Recital F a (new) F a. (new) Whereas data analysis and algorithms increasingly impact on the information made accessible to citizens; whereas such techniques, if misused, may endanger fundamental rights to information and well as media freedom and pluralism; whereas the system of public broadcasting in Member States is directly related to the democratic, social and cultural needs of each society and to the need to preserve media pluralism, as stated in the Protocol on the system of public broadcasting in the Member States to the Amsterdam Treaty (11997D/PRO/09);
Amendment 54 #
Motion for a resolution Recital F a (new) F a. Whereas leaks of personal data or non- personal data that can re-identify a data subject would obviously impact upon the reputation of companies as a breach of security can have significant business implications;
Amendment 55 #
Motion for a resolution Recital G G. whereas the proliferation of data processing and analytics, the multitude of actors involved in collecting, retaining, processing and sharing data and the combination of large data sets containing personal data from a variety of sources, retained for unlimited amounts of time, have all created great uncertainty for both citizens and businesses over the specific requirements for compliance with general data-protection
Amendment 56 #
Motion for a resolution Recital G G. whereas the proliferation of data processing and analytics, the multitude of actors involved in collecting, retaining, processing and sharing data and the combination of large data sets containing personal data from a variety of sources, the risk of fraud and fraudulent or even malicious or criminal use, retained for unlimited amounts of time, have all created great uncertainty for
Amendment 57 #
Motion for a resolution Recital G G. whereas the proliferation of data processing and analytics, the multitude of actors involved in collecting, retaining, processing and sharing data and the combination of large data sets containing personal data from a variety of sources, retained for unlimited amounts of time, have all created great uncertainty for both citizens and businesses over the specific requirements for compliance with general data-protection principles but entail significant chances for citizens, mankind, business and economy;
Amendment 58 #
Motion for a resolution Recital G G. whereas the proliferation of data processing and analytics, the multitude of actors involved in collecting, retaining, processing and sharing data and the combination of large data sets containing personal data from a variety of sources, retained for unlimited amounts of time, have all created great uncertainty for both citizens and businesses over the specific requirements for compliance with
Amendment 59 #
Motion for a resolution Recital G G. whereas the proliferation of data processing and analytics, the multitude of actors involved in collecting, retaining, processing
Amendment 6 #
Motion for a resolution Citation 6 a (new) - having regard to Opinion 8/2016 of the European Data Protection Supervisor of 23 September 2016 entitled 'EDPS Opinion on coherent enforcement of fundamental rights in the age of big data',
Amendment 60 #
Motion for a resolution Recital G a (new) G a. whereas the use of data for profiling may be beneficial for providing better services and detecting fraud, and this technique can affect individuals by placing them in fixed categories, and thus the collection and processing of personal data regarding profiling should be transparent and lawful
Amendment 61 #
Motion for a resolution Recital G a (new) G a. (new) whereas there are a lot of unstructured legacy systems of vast volumes of data, that companies have been collecting for years, with unclear data governance systems, that need to systematically be brought into compliance;
Amendment 62 #
Motion for a resolution Paragraph 1 Amendment 63 #
Motion for a resolution Paragraph 1 1. Emphasises that information revealed by big data analysis is only as reliable as the underlying data permits, and that strong scientific and ethical standards are therefore needed
Amendment 64 #
Motion for a resolution Paragraph 1 1. Emphasises that information
Amendment 65 #
Motion for a resolution Paragraph 1 1. Emphasises that information revealed by big data analysis is only as reliable as the underlying data permits, and that strong scientific and ethical standards are therefore needed for judging the results of such analysis and its predictive algorithms which will respect the rights and freedoms of individuals;
Amendment 66 #
Motion for a resolution Paragraph 1 1. Emphasises that information revealed by big data analysis
Amendment 67 #
Motion for a resolution Paragraph 1 1. Emphasises that
Amendment 68 #
Motion for a resolution Paragraph 1 1. Emphasises that information revealed by big data analysis is only as reliable as the underlying data permits, and that strong scientific and
Amendment 69 #
Motion for a resolution Paragraph 1 1. Emphasises that information revealed by big data analysis is only as reliable as the underlying data permits, and that strong scientific and ethical standards are therefore needed for judging the results of such analysis and its predictive a
Amendment 7 #
Motion for a resolution Recital A Amendment 70 #
Motion for a resolution Paragraph 1 a (new) 1 a. Emphazises that even if such scientific and ethical standards are met, predictive analysis based on big data can only offer a statistical probability and by no means can predict individual behaviour;
Amendment 71 #
Motion for a resolution Paragraph 1 b (new) 1 b. Points out that sensitive information about persons can be inferred from non-sensitive data, which blurs the line between sensitive and non-sensitive data;
Amendment 72 #
Motion for a resolution Paragraph 2 2. Stresses that the prospects and opportunities of big data can only be fully enjoyed by citizens, corporations, governments and institutions when
Amendment 73 #
Motion for a resolution Paragraph 2 2. Stresses that the prospects and opportunities of big data can only be fully enjoyed by citizens, corporations, governments and institutions when public trust in these technologies is ensured by strong enforcement of fundamental rights and legal certainty for all actors involved; stresses that the processing of personal data can only be done on the basis of the consent of the person concerned or some other legitimate basis laid down by law;
Amendment 74 #
Motion for a resolution Paragraph 2 2. Stresses that the prospects and opportunities of big data can only be fully enjoyed by citizens, corporations, governments and institutions when public trust in these technologies is ensured by strong enforcement of fundamental rights and legal certainty for all actors involved; insists that state bodies, when using these technologies, be strictly bound by the law;
Amendment 75 #
Motion for a resolution Paragraph 2 2. Stresses that the prospects and opportunities of big data can only be fully enjoyed by citizens, corporations, governments and institutions when public trust in these technologies is ensured by strong enforcement of fundamental rights and legal certainty for all actors involved, within a modern, transparent and harmonised regulatory framework in the field of data protection;
Amendment 76 #
Motion for a resolution Paragraph 2 2. Stresses that the prospects and opportunities of big data can only be fully enjoyed by citizens,
Amendment 77 #
Motion for a resolution Paragraph 2 2. Stresses that the prospects and opportunities of big data
Amendment 78 #
Motion for a resolution Paragraph 2 a (new) 2 a. Underlines that big data analytics create added value in several ways and that there are a number of positive examples: Big data analytics in weather research help to analyse and fight climate change. In healthcare big data tools help predicting virus epidemics and the outbreak of diseases as Malaria or Cholera. Healthcare interventions and medication therapy for cancer patients can be more tailored to individual patient's circumstances using big data. Big data helps to make cities smarter by reducing street lightening energy consumption, optimizing the timing of traffic signals and so reducing tones of CO2 emissions and it is an useful tool for traffic management and air quality management as well. Big data analytics help companies to uncover the potential for slavery in their supply chains and to mitigate it. Big data also helps to predict hunger crises and riots in areas of conflict. Sophisticated big data analytics predict when the maintenance of aircraft turbines is necessary. This reduce the maintenance operation and disruption for airlines, it improves the efficiencies and makes aircrafts safer. Big data makes wind power smarter through analytics and big data tools help to increase power generation and to reduce maintenance costs. Big data helps to improve working conditions and to reduce burn-out rates of employees;
Amendment 79 #
Motion for a resolution Paragraph 2 a (new) 2 a. (new) Notes that education and awareness over fundamental rights is urgently needed in the EU; urges the EU and Member States to invest in digital literacy and awareness-raising of digital rights, privacy and data protection among citizens, including children; underlines that this type of education needs to address the understanding of the principles/logic of how algorithms and automated decision-making processes work and how to interpret them in a meaningful way; further notes the need to educate on fostering understanding on where and how data streams are collected (i.e. web scraping, combining streaming data with data of social networks and connected devices and aggregating that into a new data stream);
Amendment 8 #
Motion for a resolution Recital A A. whereas big data refers to the recurring accumulation of large amounts of data, including personal data, from a variety of sources, which are subject to automatic analysis and processing by computer algorithms and advanced data- processing techniques in order to generate certain correlations, trends and patterns, including for commercial purposes or for sale (big data analytics);
Amendment 80 #
Motion for a resolution Paragraph 2 a (new) 2 a. Points out that the border between personal and non-personal data is getting more and more blurred through the technological possibility to generate personal data through the analysis of non-personal data and that the General Data Protection Regulation does not fully cover this phenomenon;
Amendment 81 #
Motion for a resolution Paragraph 2 a (new) 2 a. Emphasises that there is a need to promote an education system creating the basis for understanding the opportunities and risks of big data and develop accordingly the curricula in informatics throughout the Member States at all levels of education;
Amendment 82 #
Motion for a resolution Paragraph 2 a (new) 2 a. Stresses that big data may not only result in infringements of the fundamental rights of individuals, but also in different treatments and indirect discrimination for groups of persons that have similar characteristics;
Amendment 83 #
Motion for a resolution Paragraph 2 a (new) 2 a. Calls for increased dialogue and cooperation between data protection, consumer and competition authorities in order to protect the rights and interests of individuals, including the rights to life and security
Amendment 84 #
Motion for a resolution Paragraph 2 a (new) 2 a. Believes that the data economy should be built with the citizen at the centre and in control of personal data;
Amendment 85 #
Motion for a resolution Paragraph 2 b (new) 2 b. (new) Highlights that big data- types of processing of personal data, which often encompass indefinite periods of retention of data without a specific identified purpose, are contrary to the data protection principles of purpose limitation and limits on retention; alerts therefore that such data processing and retention is only allowed under EU law if the data is properly anonymised, and where there is no risk of re-identification under likely and reasonable means;
Amendment 86 #
Motion for a resolution Paragraph 2 b (new) 2 b. Stresses that the poor knowledge of citizens about the nature of big data allows the use of personal information in unintended ways;
Amendment 87 #
Motion for a resolution Paragraph 2 b (new) 2 b. Emphasises that transparency is key to building public trust and protecting individual rights
Amendment 88 #
Motion for a resolution Paragraph 2 c (new) 2 c. Believes that large public and private investment is needed to develop and make the most of Privacy Enhancing Technologies; believes that the incorporation of such technologies could grant enormous competitive advantage to EU businesses and services; calls for a concerted public and private strategy to enhance the EU as a world leader in this field;
Amendment 89 #
Motion for a resolution Paragraph 3 3. Points out that Union law for the protection of privacy and personal data, as well as the rights to equality and non- discrimination, are applicable to data processing even when that processing is preceded by pseudonymisation
Amendment 9 #
Motion for a resolution Recital A A. whereas big data refers to the recurring accumulation of large amounts of data, including personal data, from a variety of sources, which are subject to automatic processing by computer algorithms and advanced data-processing techniques, using both stored data and streamed data, in order to generate certain correlations, trends and patterns (big data analytics);
Amendment 90 #
Motion for a resolution Paragraph 3 3. Points out that Union law for the protection of privacy and personal data, as well as the rights to equality and non- discrimination,
Amendment 91 #
Motion for a resolution Paragraph 3 3. Points out that Union law for the protection of privacy and personal data, as well as the rights to equality
Amendment 92 #
Motion for a resolution Paragraph 3 3. Points out that Union law for the protection of privacy and personal data, as well as the rights to equality, the rejection of profiling and non-
Amendment 93 #
Motion for a resolution Paragraph 3 3.
Amendment 94 #
Motion for a resolution Paragraph 3 3. Points out that Union law for the protection of privacy and personal data, as well as the rights to equality and non- discrimination, are applicable to data processing even when that processing is preceded by pseudonymisation
Amendment 95 #
Motion for a resolution Paragraph 3 3. Points out that Union law for the protection of privacy and personal data, as well as the rights to equality and non- discrimination, are applicable to data processing even when that processing is preceded by pseudonymisation and anonymisation techniques, insofar as there are risks of re-identification, or, in any case, when use of non-personal data might impact on individuals’ private lives or other rights and
Amendment 96 #
Motion for a resolution Paragraph 3 3. Points out that Union law for the protection of privacy and personal data, as well as the rights to equality and non- discrimination,
Amendment 97 #
Motion for a resolution Paragraph 3 a (new) 3 a. Underlines that the Digital Single Market must be built on reliable, trustworthy and high-speed networks and services that safeguard data subject's fundamental rights to data protection and privacy while also encouraging innovation and big data analytics in order to create the right conditions and a level playing field to boost European (digital) economy;
Amendment 98 #
Motion for a resolution Paragraph 3 a (new) 3 a. Highlights that privacy by design is an indispensable tool for big data, allowing for early implementation of relevant controls that are protecting the individuals' personal data by default;
Amendment 99 #
Motion for a resolution Paragraph 3 a (new) 3 a. Recalls that under the GDPR, the further processing of personal data for statistical purposes may only result in aggregate data which cannot be re- applied to individuals;
source: 595.750
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History
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