BETA


2016/2225(INI) Fundamental rights implications of Big Data: privacy, data protection, non-discrimination, security and law-enforcement

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE GOMES Ana (icon: S&D S&D) VOSS Axel (icon: PPE PPE), ŠKRIPEK Branislav (icon: ECR ECR), PETERSEN Morten (icon: ALDE ALDE), ALBRECHT Jan Philipp (icon: Verts/ALE Verts/ALE)
Committee Opinion ITRE
Lead committee dossier:
Legal Basis:
RoP 54

Events

2017/08/22
   EC - Commission response to text adopted in plenary
Documents
2017/03/14
   EP - Results of vote in Parliament
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
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

Votes

A8-0044/2017 - Ana Gomes - Résolution #

2017/03/14 Outcome: +: 561, -: 71, 0: 49
DE IT ES RO FR BE PT EL HU AT CZ SE NL FI BG LT HR GB SK DK SI LV IE EE MT LU CY PL
Total
90
62
49
30
64
20
21
20
18
18
20
17
23
13
12
11
11
60
13
12
8
8
7
6
6
5
6
50
icon: PPE PPE
200

Denmark PPE

For (1)

1

Ireland PPE

3

Estonia PPE

For (1)

1

Luxembourg PPE

2

Cyprus PPE

1
icon: S&D S&D
177

Netherlands S&D

3

Croatia S&D

2

Slovenia S&D

For (1)

1

Latvia S&D

1

Ireland S&D

For (1)

1

Estonia S&D

For (1)

1

Malta S&D

3

Luxembourg S&D

For (1)

1

Cyprus S&D

2
icon: ALDE ALDE
59

Romania ALDE

2

Portugal ALDE

1

Austria ALDE

For (1)

1

Sweden ALDE

2

Croatia ALDE

2

United Kingdom ALDE

1

Slovenia ALDE

For (1)

1

Latvia ALDE

1

Ireland ALDE

For (1)

1

Estonia ALDE

3

Luxembourg ALDE

For (1)

1
icon: Verts/ALE Verts/ALE
49

Italy Verts/ALE

For (1)

1

Belgium Verts/ALE

2

Hungary Verts/ALE

2

Austria Verts/ALE

3

Netherlands Verts/ALE

2

Finland Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Estonia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1
icon: GUE/NGL GUE/NGL
44

Portugal GUE/NGL

For (1)

4

Sweden GUE/NGL

For (1)

1

Netherlands GUE/NGL

For (1)

1

Finland GUE/NGL

For (1)

1

United Kingdom GUE/NGL

1

Denmark GUE/NGL

For (1)

1

Ireland GUE/NGL

2

Cyprus GUE/NGL

2
icon: NI NI
15

Germany NI

2

France NI

Against (1)

2

Hungary NI

2

United Kingdom NI

Against (2)

Abstain (1)

3

Poland NI

Against (1)

1
icon: EFDD EFDD
36

Germany EFDD

Abstain (1)

1

France EFDD

Abstain (1)

1

Czechia EFDD

Against (1)

1

Sweden EFDD

2

Lithuania EFDD

For (1)

1

Poland EFDD

1
icon: ENF ENF
36

Germany ENF

Against (1)

1

Romania ENF

1

Belgium ENF

Against (1)

1

Austria ENF

Abstain (1)

4

Netherlands ENF

3

United Kingdom ENF

Against (1)

1

Poland ENF

For (1)

Against (1)

2
icon: ECR ECR
64

Italy ECR

Against (1)

Abstain (1)

2

Romania ECR

For (1)

1

Greece ECR

For (1)

1

Czechia ECR

2

Netherlands ECR

Against (1)

Abstain (1)

2

Finland ECR

Abstain (1)

2

Bulgaria ECR

Abstain (1)

1

Lithuania ECR

Abstain (1)

1

Croatia ECR

Abstain (1)

1

Slovakia ECR

Against (1)

3

Denmark ECR

3

Latvia ECR

Abstain (1)

1

Cyprus ECR

Abstain (1)

1
AmendmentsDossier
215 2016/2225(INI)
2016/12/19 LIBE 215 amendments...
source: 595.750

History

(these mark the time of scraping, not the official date of the change)

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  • date: 2017-02-09T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
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  • date: 2017-03-13T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20170313&type=CRE title: Debate in Parliament
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  • date: 2017-03-14T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2017-0076 title: T8-0076/2017 summary: 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.
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  • 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.

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PETERSEN Morten Helveg
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Justice
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Rules of Procedure of the European Parliament EP 150
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    links
    other
      procedure
      reference
      2016/2225(INI)
      title
      Fundamental rights implications of Big Data: privacy, data protection, non-discrimination, security and law-enforcement
      legal_basis
      Rules of Procedure of the European Parliament EP 052
      stage_reached
      Preparatory phase in Parliament
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