BETA


2018/0336(COD) Protection of personal data in the context of elections to the European Parliament

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead AFCO WIELAND Rainer (icon: PPE PPE), BRESSO Mercedes (icon: S&D S&D) MESSERSCHMIDT Morten (icon: ECR ECR), SELIMOVIC Jasenko (icon: ALDE ALDE), SCHOLZ Helmut (icon: GUE/NGL GUE/NGL), DURAND Pascal (icon: Verts/ALE Verts/ALE), CASTALDO Fabio Massimo (icon: EFDD EFDD), ANNEMANS Gerolf (icon: ENF ENF)
Committee Opinion BUDG
Committee Opinion LIBE IN 'T VELD Sophia (icon: ALDE ALDE) Auke ZIJLSTRA (icon: ENF ENF)
Committee Opinion JURI
Lead committee dossier:
Legal Basis:
Euratom Treaty A 106a-pa, TFEU 224

Events

2019/04/30
   Commission response to text adopted in plenary
Documents
2019/03/27
   EP - End of procedure in Parliament
2019/03/27
   Final act published in Official Journal
Details

PURPOSE: to prevent the misuse of personal data to influence elections to the European Parliament.

LEGISLATIVE ACT: Regulation (EU, Euratom) 2019/493 of the European Parliament and of the Council amending Regulation (EU, Euratom) No 1141/2014 as regards a verification procedure related to infringements of rules on the protection of personal data in the context of elections to the European Parliament.

CONTENT: recent events have demonstrated the potential risks associated with the illicit use of personal data in relation to electoral processes and democracy.

In order to ensure that elections to the European Parliament (EP) are conducted according to strict democratic rules and in full respect of the European values of democracy, the rule of law and respect for fundamental rights, this Regulation makes a targeted amendment to Regulation (EU, Euratom) No 1141/2014 . It aims to allow financial sanctions on European political parties or foundations that have deliberately influenced or attempted to influence the outcome of elections to the European Parliament by taking advantage of an infringement of the applicable rules on protection of personal data.

Verification procedure

The Regulation stipulates that no European political party or European political foundation shall deliberately influence, or attempt to influence, the outcome of elections to the European Parliament by taking advantage of an infringement by a natural or legal person of the applicable rules on the protection of personal data.

If the Authority is informed of a decision of a national supervisory authority finding that a natural or legal person has infringed applicable rules on the protection of personal data, and if it follows from that decision, or if there are otherwise reasonable grounds to believe, that the infringement is linked to political activities by a European political party or a European political foundation in the context of elections to the European Parliament, the Authority shall refer this matter to the committee of independent eminent persons established by this Regulation.

Sanctions

Having regard to the committee's opinion, the Authority shall decide whether to impose financial sanctions on the European political party or European political foundation concerned. The decision of the Authority shall be duly reasoned, in particular with regard to the committee's opinion, and shall be published expeditiously.

When the Authority imposes a sanction on a European political party or foundation in accordance with the verification procedure, it shall take due account of the ne bis in idem principle, whereby sanctions cannot be imposed twice for the same offence. The Authority shall also ensure that the principle of legal certainty is respected and that the European political party or European political foundation concerned has been given the opportunity to be heard.

Where a decision of the national supervisory authority has been repealed, or where a remedy against such decision has been granted, provided that all national remedies have been exhausted, the Authority shall review any sanction imposed at the request of the European political party or European political foundation concerned.

ENTRY INTO FORCE: 27.3.2019.

2019/03/25
   CSL - Draft final act
Documents
2019/03/25
   CSL - Final act signed
2019/03/19
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2019/03/19
   CSL - Council Meeting
2019/03/12
   EP - Results of vote in Parliament
2019/03/12
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 586 votes to 55 with 24 abstentions a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU, Euratom) No 1141/2014 as regards a verification procedure related to infringements of rules on the protection of personal data in the context of elections to the European Parliament.

The position of the European Parliament adopted at first reading under the ordinary legislative procedure has amended the Commission proposal as follows:

The amended text stipulates that a European political party or a European political foundation may not deliberately influence, or attempt to influence, the outcome of elections to the European Parliament by taking advantage of an infringement, committed by a natural or legal person, of the applicable rules on the protection of personal data.

If the Authority is informed of the decision of a national supervisory authority within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation) finding a breach of rules applicable to the protection of personal data and if it follows from that decision, or if there are grounds to believe that the breach is linked to the political activities of a European political party or a European political foundation in the context of the elections to the European Parliament, the authority should refer the matter to the Committee of independent eminent persons.

The authority could, if necessary, contact the national supervisory authority concerned.

The committee would then issue an opinion indicating whether the European political party or the European political foundation concerned deliberately influenced or attempted to influence the outcome of the elections to the European Parliament by taking advantage of this infringement. The authority would request the opinion without undue delay and at the latest one month after being informed of the decision of the national supervisory authority.

In the light of the Committee's opinion, the Authority would decide whether to impose financial penalties on the European political party concerned or the European political foundation concerned. The Authority's decision should be reasoned and published promptly.

When imposing a sanction, the Authority should take due account of the 'ne bis in idem' principle, according to which sanctions may not be imposed twice for the same infringement. It should also ensure that the principle of legal certainty is respected and that the European political party or the European political foundation concerned is given the opportunity to be heard.

Documents
2019/01/29
   EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
2019/01/25
   CSL - Coreper letter confirming interinstitutional agreement
2019/01/04
   CZ_SENATE - Contribution
Documents
2018/12/18
   EDPS - Document attached to the procedure
Details

Opinion of the European Data Protection Supervisor on the Commission Package on free and fair European elections.

In the context of the 2018 State of the Union speech, the Commission presented a security package focusing on Free and fair European elections. This package is composed of: (i) a Communication, (ii) a Guidance document on the application of Union data protection law in the electoral context, (iii) a Recommendation and (iv) a proposal for a Regulation as regards a verification procedure related to infringements of rules on the protection of personal data in the context of elections to the European Parliament.

Main observations and recommendations

The EDPS recognises political communication as essential to the participation of citizens, political forces and candidates in democratic life and to the fundamental right to freedom of expression, and that these rights and freedoms are interdependent with the right under Article 7 of the Charter to respect for private and family life, home and communications, and the right under Article 8 of the Charter to the protection of personal data.

The EDPS recognises the role of social media platforms and on how this initiative would be coherent with the Code of Practice on online disinformation. In light of the upcoming European Parliament elections in May next year, and the numerous other national elections scheduled for 2019, the EDPS also recognises the recommendations for the setting up of national election networks and a European coordination network.

The EDPS also recognises the recommendation to Member States to perform a comprehensive assessment of risks associated with the elections to the European Parliament with a view to identifying potential cyber incidents that could affect the integrity of the electoral process and underlines the urgency of this matter.

In general, the EDPS considers that, for further clarity, a reference could have been included to the processing of personal data by the European Parliament, the Authority and the Committee, as being within the scope of Regulation (EU) 2018/1725 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data.

With regard to the proposed Regulation, the EDPS recommends:

- clarifying the scope of the measures and the complementary aims of such sanctions;

- including EDPS decisions finding an infringement to Regulation (EU) 2018/1725;

- including a reference to the current data protection legal framework for cooperation between national data protection supervisory authorities and the EDPS;

- ensuring the confidentiality of the exchange of information in the context of the cooperation between data protection supervisory authorities and the Committee of independent persons.

2018/12/12
   ESC - Economic and Social Committee: opinion, report
Documents
2018/12/06
   EP - Vote in committee, 1st reading/single reading
2018/12/06
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Constitutional Affairs adopted the joint report by Mercedes BRESSO (S&D, IT) and Rainer WIELAND (EPP, DE) on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU, Euratom) No 1141/2014 as regards a verification procedure related to infringements of rules on the protection of personal data in the context of elections to the European Parliament.

The committee recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal.

The amended text stipulated that a European political party or a European political foundation shall not influence or attempt to influence the outcome of elections to the European Parliament by taking advantage of an infringement, by a natural or legal person, of the applicable rules on the protection of personal data. This shall only apply if a supervisory authority of a Member State has established, by an enforceable decision , that an infringement of the applicable rules on data protection has occurred.

When the Authority becomes aware of such conduct, it shall refer this matter to the committee of independent eminent persons without undue delay and no later than 3 months after that notification. The committee shall give an opinion, within a short, reasonable deadline set by the Authority, as to whether or not the European political party or European political foundation concerned has violated such rights.

Having regard to the committee's opinion, the Authority shall decide whether to impose financial sanctions on the European political party or European political foundation concerned. The decision of the Authority shall be duly reasoned, in particular with regard to the committee’s opinion, and shall be published expeditiously.

Where a decision of the national supervisory authority has been definitively repealed or where a remedy against such decision has been successful and is final, the Authority shall review any sanction imposed at the request of the European political party or European political foundation concerned.

Documents
2018/12/06
   EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2018/12/05
   EP - Committee opinion
Documents
2018/11/23
   EP - Amendments tabled in committee
Documents
2018/11/05
   EP - IN 'T VELD Sophia (ALDE) appointed as rapporteur in LIBE
2018/10/29
   ES_PARLIAMENT - Contribution
Documents
2018/10/24
   EP - Committee draft report
Documents
2018/10/01
   EP - Committee referral announced in Parliament, 1st reading/single reading
2018/09/24
   EP - WIELAND Rainer (PPE) appointed as rapporteur in AFCO
2018/09/24
   EP - BRESSO Mercedes (S&D) appointed as rapporteur in AFCO
2018/09/12
   EC - Legislative proposal published
Details

PURPOSE: to discourage European political parties and European political foundations from taking advantage of the results of infringements of the data protection rules with a view to deliberately influencing the outcome of the elections to the European Parliament.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure on an equal footing with council.

BACKGROUND: recent events have demonstrated the potential risks associated with the illicit use of personal data in relation to electoral processes and democracy. In 2018, the Facebook/Cambridge Analytica case concerning the alleged unlawful processing of user personal data acquired from Facebook by the company Cambridge Analytica raised serious concerns on the impact of data protection infringements on electoral processes. Investigations are ongoing in relation to this particular case, inter alia by the UK data protection supervisory authority which is leading the European investigation. The U.S. Federal Trade Commission has opened an investigation on the case. A series of hearings took place in the European Parliament on the case and its impact on individuals’ personal data in the Union

Regulation (EU, Euratom) No 1141/2014 established a specific European legal status for European political parties and European political foundations and provides for their funding from the general budget of the European Union. It also establishes an Authority for European political parties and European political foundations. This Authority is in particular responsible for examining cases in which these entities are suspected of not respecting European fundamental values.

However, the existing rules do not effectively dissuade and sanction abuses of data protection rules which may affect the democratic debate and free elections. The Commission feels it is necessary to protect the integrity of the European democratic process by providing for financial sanctions in situations where European political parties and European political foundations take advantage of infringements of data protection rules with a view to influencing the outcome of elections to the European Parliament.

CONTENT: in order to ensure that the elections to the European Parliament take place under strong democratic rules and in full respect of the European values of democracy, rule of law and respect of fundamental rights, the Commission is proposing a targeted amendment to Regulation No 1141/2014. It aims to allow financial sanctions on European political parties or foundations that use infringements of data protection rules to deliberately influence or attempt to influence the outcome of elections to the European Parliament.

The proposal provides that a verification procedure is established whereby the Authority must, in certain circumstances, ask the committee of independent eminent persons to assess whether a European political party or a European political foundation has deliberately influenced or attempted to influence the outcome of elections to the European Parliament by taking advantage of an infringement of the applicable rules on protection of personal data. Where the committee finds that to be the case, the Authority should impose effective, proportionate and dissuasive sanctions. Any party or foundation found guilty of a violation may not apply for funding from the general budget of the European Union for the year in which the sanction was imposed. The Authority shall request the opinion without undue delay and no later than 1 month after the decision of the supervisory authority. The committee shall deliver its opinion within a short, reasonable deadline set by the Authority.

Since the new verification procedure is triggered by a decision of a competent data protection supervisory authority, it is proposed to allow for the review of the sanction if the competent data protection supervisory authority’s decision is repealed or where a remedy against such decision has been successful.

Lastly, in order to enable the Authority to operate in an independent and effective manner, the Commission proposes that the latter has its own permanent staff and proposes also to confer the powers of an appointing authority on the Director of the Authority.

BUDGETARY IMPLICATIONS: to ensure the effectiveness of this proposal, the Authority will be provided with more permanent staff to the extent that additional tasks are entrusted to it. The financial impact is estimated at EUR 10.1 million (EUR 1.43 million per year). More permanent staffing provisions will be made through the redeployment of existing resources, and will require the modification of the establishment plans of the contributing institutions. Therefore, these elements will be included in the forthcoming Amending Letter to Draft Budget 2019.

Documents

Documents

Votes

A8-0435/2018 - Mercedes Bresso et Rainer Wieland - Am 6 12/03/2019 12:57:41.000 #

2019/03/12 Outcome: +: 586, -: 55, 0: 24
DE ES IT PL GB RO FR NL SE PT BG CZ AT BE FI DK SK HU HR LT IE LV SI LU CY MT EE EL
Total
86
48
60
45
65
27
64
25
19
21
17
19
17
18
13
13
12
12
11
10
9
8
8
6
6
6
5
13
icon: PPE PPE
187

United Kingdom PPE

2

Belgium PPE

3

Denmark PPE

For (1)

1

Luxembourg PPE

3

Cyprus PPE

1

Estonia PPE

For (1)

1

Greece PPE

1
icon: S&D S&D
170

Netherlands S&D

3
3

Croatia S&D

2

Ireland S&D

For (1)

1

Latvia S&D

1

Slovenia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Cyprus S&D

2

Malta S&D

3

Estonia S&D

For (1)

1
icon: ECR ECR
68

Romania ECR

For (1)

1

Netherlands ECR

2

Sweden ECR

2

Bulgaria ECR

2

Czechia ECR

2
2

Croatia ECR

For (1)

1

Lithuania ECR

1

Latvia ECR

For (1)

1

Cyprus ECR

1

Greece ECR

Against (1)

1
icon: ALDE ALDE
64

United Kingdom ALDE

1

Romania ALDE

3

Portugal ALDE

1

Austria ALDE

For (1)

1

Croatia ALDE

2
2

Ireland ALDE

For (1)

1

Latvia ALDE

1

Slovenia ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

2
icon: Verts/ALE Verts/ALE
49

Italy Verts/ALE

For (1)

1

Netherlands Verts/ALE

2

Sweden Verts/ALE

3

Austria Verts/ALE

3

Belgium Verts/ALE

2

Finland Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Hungary Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Slovenia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1
icon: GUE/NGL GUE/NGL
42

Italy GUE/NGL

2

United Kingdom GUE/NGL

1

Netherlands GUE/NGL

3

Sweden GUE/NGL

For (1)

1

Portugal GUE/NGL

For (1)

4

Czechia GUE/NGL

2

Finland GUE/NGL

For (1)

1

Denmark GUE/NGL

For (1)

1

Ireland GUE/NGL

3

Cyprus GUE/NGL

2
icon: NI NI
14

Germany NI

1

Italy NI

Abstain (1)

1

United Kingdom NI

For (1)

Against (1)

2

France NI

Abstain (1)

1

Denmark NI

1

Hungary NI

2
icon: ENF ENF
32

Germany ENF

Against (1)

1

Poland ENF

Against (1)

1

United Kingdom ENF

4

Netherlands ENF

3

Belgium ENF

Against (1)

1
icon: EFDD EFDD
37

Germany EFDD

Against (1)

1

Poland EFDD

1

Czechia EFDD

Against (1)

1

Lithuania EFDD

For (1)

1
AmendmentsDossier
26 2018/0336(COD)
2018/11/20 AFCO 15 amendments...
source: 630.611
2018/11/23 LIBE 11 amendments...
source: 630.631

History

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

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  • date: 2018-10-01T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP shadows: group: ECR name: MESSERSCHMIDT Morten group: ALDE name: SELIMOVIC Jasenko group: GUE/NGL name: SCHOLZ Helmut group: Verts/ALE name: DURAND Pascal group: EFD name: CASTALDO Fabio Massimo group: ENF name: ANNEMANS Gerolf responsible: True committee: AFCO date: 2018-09-24T00:00:00 2018-09-24T00:00:00 committee_full: Constitutional Affairs rapporteur: group: EPP name: WIELAND Rainer group: S&D name: BRESSO Mercedes body: EP responsible: False committee_full: Budgets committee: BUDG body: EP responsible: False committee: JURI date: 2018-09-24T00:00:00 committee_full: Legal Affairs rapporteur: group: EFD name: BERGERON Joëlle body: EP responsible: False committee: LIBE date: 2018-11-05T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: ALDE name: IN 'T VELD Sophia
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council
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docs
  • date: 2018-10-24T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE629.558 title: PE629.558 type: Committee draft report body: EP
  • date: 2018-11-23T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE630.611 title: PE630.611 type: Amendments tabled in committee body: EP
  • date: 2018-12-05T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE630.530&secondRef=02 title: PE630.530 committee: LIBE type: Committee opinion body: EP
  • date: 2018-12-12T00:00:00 docs: title: CES5208/2018 type: Economic and Social Committee: opinion, report body: ESC
  • date: 2018-12-18T00:00:00 docs: url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:C:2019:047:TOC title: OJ C 047 06.02.2019, p. 0008 title: N8-0023/2019 summary: Opinion of the European Data Protection Supervisor on the Commission Package on free and fair European elections. In the context of the 2018 State of the Union speech, the Commission presented a security package focusing on Free and fair European elections. This package is composed of: (i) a Communication, (ii) a Guidance document on the application of Union data protection law in the electoral context, (iii) a Recommendation and (iv) a proposal for a Regulation as regards a verification procedure related to infringements of rules on the protection of personal data in the context of elections to the European Parliament. Main observations and recommendations The EDPS recognises political communication as essential to the participation of citizens, political forces and candidates in democratic life and to the fundamental right to freedom of expression, and that these rights and freedoms are interdependent with the right under Article 7 of the Charter to respect for private and family life, home and communications, and the right under Article 8 of the Charter to the protection of personal data. The EDPS recognises the role of social media platforms and on how this initiative would be coherent with the Code of Practice on online disinformation. In light of the upcoming European Parliament elections in May next year, and the numerous other national elections scheduled for 2019, the EDPS also recognises the recommendations for the setting up of national election networks and a European coordination network. The EDPS also recognises the recommendation to Member States to perform a comprehensive assessment of risks associated with the elections to the European Parliament with a view to identifying potential cyber incidents that could affect the integrity of the electoral process and underlines the urgency of this matter. In general, the EDPS considers that, for further clarity, a reference could have been included to the processing of personal data by the European Parliament, the Authority and the Committee, as being within the scope of Regulation (EU) 2018/1725 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data. With regard to the proposed Regulation, the EDPS recommends: - clarifying the scope of the measures and the complementary aims of such sanctions; - including EDPS decisions finding an infringement to Regulation (EU) 2018/1725; - including a reference to the current data protection legal framework for cooperation between national data protection supervisory authorities and the EDPS; - ensuring the confidentiality of the exchange of information in the context of the cooperation between data protection supervisory authorities and the Committee of independent persons. type: Document attached to the procedure body: EDPS
  • date: 2019-01-25T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/commissions/afco/lcag/2019/01-25/AFCO_LA(2019)000784_EN.pdf title: GEDA/A/(2019)000784 type: Coreper letter confirming interinstitutional agreement body: CSL
  • date: 2019-03-25T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F19&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 00014/2019/LEX type: Draft final act body: CSL
  • date: 2019-04-30T00:00:00 docs: title: SP(2019)393 type: Commission response to text adopted in plenary
  • date: 2018-10-29T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2018)0636 title: COM(2018)0636 type: Contribution body: ES_PARLIAMENT
  • date: 2019-01-04T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2018)0636 title: COM(2018)0636 type: Contribution body: CZ_SENATE
events
  • date: 2018-09-12T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0636/COM_COM(2018)0636_EN.pdf title: COM(2018)0636 summary: PURPOSE: to discourage European political parties and European political foundations from taking advantage of the results of infringements of the data protection rules with a view to deliberately influencing the outcome of the elections to the European Parliament. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure on an equal footing with council. BACKGROUND: recent events have demonstrated the potential risks associated with the illicit use of personal data in relation to electoral processes and democracy. In 2018, the Facebook/Cambridge Analytica case concerning the alleged unlawful processing of user personal data acquired from Facebook by the company Cambridge Analytica raised serious concerns on the impact of data protection infringements on electoral processes. Investigations are ongoing in relation to this particular case, inter alia by the UK data protection supervisory authority which is leading the European investigation. The U.S. Federal Trade Commission has opened an investigation on the case. A series of hearings took place in the European Parliament on the case and its impact on individuals’ personal data in the Union Regulation (EU, Euratom) No 1141/2014 established a specific European legal status for European political parties and European political foundations and provides for their funding from the general budget of the European Union. It also establishes an Authority for European political parties and European political foundations. This Authority is in particular responsible for examining cases in which these entities are suspected of not respecting European fundamental values. However, the existing rules do not effectively dissuade and sanction abuses of data protection rules which may affect the democratic debate and free elections. The Commission feels it is necessary to protect the integrity of the European democratic process by providing for financial sanctions in situations where European political parties and European political foundations take advantage of infringements of data protection rules with a view to influencing the outcome of elections to the European Parliament. CONTENT: in order to ensure that the elections to the European Parliament take place under strong democratic rules and in full respect of the European values of democracy, rule of law and respect of fundamental rights, the Commission is proposing a targeted amendment to Regulation No 1141/2014. It aims to allow financial sanctions on European political parties or foundations that use infringements of data protection rules to deliberately influence or attempt to influence the outcome of elections to the European Parliament. The proposal provides that a verification procedure is established whereby the Authority must, in certain circumstances, ask the committee of independent eminent persons to assess whether a European political party or a European political foundation has deliberately influenced or attempted to influence the outcome of elections to the European Parliament by taking advantage of an infringement of the applicable rules on protection of personal data. Where the committee finds that to be the case, the Authority should impose effective, proportionate and dissuasive sanctions. Any party or foundation found guilty of a violation may not apply for funding from the general budget of the European Union for the year in which the sanction was imposed. The Authority shall request the opinion without undue delay and no later than 1 month after the decision of the supervisory authority. The committee shall deliver its opinion within a short, reasonable deadline set by the Authority. Since the new verification procedure is triggered by a decision of a competent data protection supervisory authority, it is proposed to allow for the review of the sanction if the competent data protection supervisory authority’s decision is repealed or where a remedy against such decision has been successful. Lastly, in order to enable the Authority to operate in an independent and effective manner, the Commission proposes that the latter has its own permanent staff and proposes also to confer the powers of an appointing authority on the Director of the Authority. BUDGETARY IMPLICATIONS: to ensure the effectiveness of this proposal, the Authority will be provided with more permanent staff to the extent that additional tasks are entrusted to it. The financial impact is estimated at EUR 10.1 million (EUR 1.43 million per year). More permanent staffing provisions will be made through the redeployment of existing resources, and will require the modification of the establishment plans of the contributing institutions. Therefore, these elements will be included in the forthcoming Amending Letter to Draft Budget 2019.
  • date: 2018-10-01T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2018-12-06T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2018-12-06T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2018-0435&language=EN title: A8-0435/2018 summary: The Committee on Constitutional Affairs adopted the joint report by Mercedes BRESSO (S&D, IT) and Rainer WIELAND (EPP, DE) on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU, Euratom) No 1141/2014 as regards a verification procedure related to infringements of rules on the protection of personal data in the context of elections to the European Parliament. The committee recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal. The amended text stipulated that a European political party or a European political foundation shall not influence or attempt to influence the outcome of elections to the European Parliament by taking advantage of an infringement, by a natural or legal person, of the applicable rules on the protection of personal data. This shall only apply if a supervisory authority of a Member State has established, by an enforceable decision , that an infringement of the applicable rules on data protection has occurred. When the Authority becomes aware of such conduct, it shall refer this matter to the committee of independent eminent persons without undue delay and no later than 3 months after that notification. The committee shall give an opinion, within a short, reasonable deadline set by the Authority, as to whether or not the European political party or European political foundation concerned has violated such rights. Having regard to the committee's opinion, the Authority shall decide whether to impose financial sanctions on the European political party or European political foundation concerned. The decision of the Authority shall be duly reasoned, in particular with regard to the committee’s opinion, and shall be published expeditiously. Where a decision of the national supervisory authority has been definitively repealed or where a remedy against such decision has been successful and is final, the Authority shall review any sanction imposed at the request of the European political party or European political foundation concerned.
  • date: 2018-12-06T00:00:00 type: Committee decision to open interinstitutional negotiations with report adopted in committee body: EP
  • date: 2019-01-29T00:00:00 type: Approval in committee of the text agreed at 1st reading interinstitutional negotiations body: EP docs: url: http://www.europarl.europa.eu/RegData/commissions/afco/inag/2019/01-25/AFCO_AG(2019)634557_EN.pdf title: PE634.557 url: http://www.europarl.europa.eu/RegData/commissions/afco/lcag/2019/01-25/AFCO_LA(2019)000784_EN.pdf title: GEDA/A/(2019)000784
  • date: 2019-03-12T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=31917&l=en title: Results of vote in Parliament
  • date: 2019-03-12T00:00:00 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-2019-0155 title: T8-0155/2019 summary: The European Parliament adopted by 586 votes to 55 with 24 abstentions a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU, Euratom) No 1141/2014 as regards a verification procedure related to infringements of rules on the protection of personal data in the context of elections to the European Parliament. The position of the European Parliament adopted at first reading under the ordinary legislative procedure has amended the Commission proposal as follows: The amended text stipulates that a European political party or a European political foundation may not deliberately influence, or attempt to influence, the outcome of elections to the European Parliament by taking advantage of an infringement, committed by a natural or legal person, of the applicable rules on the protection of personal data. If the Authority is informed of the decision of a national supervisory authority within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation) finding a breach of rules applicable to the protection of personal data and if it follows from that decision, or if there are grounds to believe that the breach is linked to the political activities of a European political party or a European political foundation in the context of the elections to the European Parliament, the authority should refer the matter to the Committee of independent eminent persons. The authority could, if necessary, contact the national supervisory authority concerned. The committee would then issue an opinion indicating whether the European political party or the European political foundation concerned deliberately influenced or attempted to influence the outcome of the elections to the European Parliament by taking advantage of this infringement. The authority would request the opinion without undue delay and at the latest one month after being informed of the decision of the national supervisory authority. In the light of the Committee's opinion, the Authority would decide whether to impose financial penalties on the European political party concerned or the European political foundation concerned. The Authority's decision should be reasoned and published promptly. When imposing a sanction, the Authority should take due account of the 'ne bis in idem' principle, according to which sanctions may not be imposed twice for the same infringement. It should also ensure that the principle of legal certainty is respected and that the European political party or the European political foundation concerned is given the opportunity to be heard.
  • date: 2019-03-19T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2019-03-25T00:00:00 type: Final act signed body: CSL
  • date: 2019-03-27T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2019-03-27T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to prevent the misuse of personal data to influence elections to the European Parliament. LEGISLATIVE ACT: Regulation (EU, Euratom) 2019/493 of the European Parliament and of the Council amending Regulation (EU, Euratom) No 1141/2014 as regards a verification procedure related to infringements of rules on the protection of personal data in the context of elections to the European Parliament. CONTENT: recent events have demonstrated the potential risks associated with the illicit use of personal data in relation to electoral processes and democracy. In order to ensure that elections to the European Parliament (EP) are conducted according to strict democratic rules and in full respect of the European values of democracy, the rule of law and respect for fundamental rights, this Regulation makes a targeted amendment to Regulation (EU, Euratom) No 1141/2014 . It aims to allow financial sanctions on European political parties or foundations that have deliberately influenced or attempted to influence the outcome of elections to the European Parliament by taking advantage of an infringement of the applicable rules on protection of personal data. Verification procedure The Regulation stipulates that no European political party or European political foundation shall deliberately influence, or attempt to influence, the outcome of elections to the European Parliament by taking advantage of an infringement by a natural or legal person of the applicable rules on the protection of personal data. If the Authority is informed of a decision of a national supervisory authority finding that a natural or legal person has infringed applicable rules on the protection of personal data, and if it follows from that decision, or if there are otherwise reasonable grounds to believe, that the infringement is linked to political activities by a European political party or a European political foundation in the context of elections to the European Parliament, the Authority shall refer this matter to the committee of independent eminent persons established by this Regulation. Sanctions Having regard to the committee's opinion, the Authority shall decide whether to impose financial sanctions on the European political party or European political foundation concerned. The decision of the Authority shall be duly reasoned, in particular with regard to the committee's opinion, and shall be published expeditiously. When the Authority imposes a sanction on a European political party or foundation in accordance with the verification procedure, it shall take due account of the ne bis in idem principle, whereby sanctions cannot be imposed twice for the same offence. The Authority shall also ensure that the principle of legal certainty is respected and that the European political party or European political foundation concerned has been given the opportunity to be heard. Where a decision of the national supervisory authority has been repealed, or where a remedy against such decision has been granted, provided that all national remedies have been exhausted, the Authority shall review any sanction imposed at the request of the European political party or European political foundation concerned. ENTRY INTO FORCE: 27.3.2019. docs: title: Regulation 2019/493 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32019R0493 title: OJ L 085I 27.03.2019, p. 0007 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2019:085I:TOC
links
other
  • body: EC dg: url: http://ec.europa.eu/info/departments/secretariat-general_en title: Secretariat-General commissioner: JUNCKER Jean-Claude
otherinst
  • name: European Economic and Social Committee
  • name: European Committee of the Regions
procedure/Mandatory consultation of other institutions
European Economic and Social Committee European Committee of the Regions
procedure/Modified legal basis
Rules of Procedure EP 159
procedure/Notes
  • 12/12/2018 Decision to enter into interinstitutional negotiations confirmed by plenary (Rule 69c)
procedure/dossier_of_the_committee
Old
AFCO/8/14620
New
  • AFCO/8/14620
procedure/final
title
Regulation 2019/493
url
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32019R0493
procedure/other_consulted_institutions
European Economic and Social Committee European Committee of the Regions
procedure/stage_reached
Old
Awaiting committee decision
New
Procedure completed
procedure/subject
Old
  • 1.20.09 Protection of privacy and data protection
  • 3.30.05 Electronic and mobile communications, personal communications
  • 8.40.01.01 Elections, direct universal suffrage
New
1.20.09
Protection of privacy and data protection
3.30.05
Electronic and mobile communications, personal communications
8.40.01.01
Elections, direct universal suffrage
activities/0/docs/0/text
  • PURPOSE: to discourage European political parties and European political foundations from taking advantage of the results of infringements of the data protection rules with a view to deliberately influencing the outcome of the elections to the European Parliament.

    PROPOSED ACT: Regulation of the European Parliament and of the Council.

    ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure on an equal footing with council.

    BACKGROUND: recent events have demonstrated the potential risks associated with the illicit use of personal data in relation to electoral processes and democracy. In 2018, the Facebook/Cambridge Analytica case concerning the alleged unlawful processing of user personal data acquired from Facebook by the company Cambridge Analytica raised serious concerns on the impact of data protection infringements on electoral processes. Investigations are ongoing in relation to this particular case, inter alia by the UK data protection supervisory authority which is leading the European investigation. The U.S. Federal Trade Commission has opened an investigation on the case. A series of hearings took place in the European Parliament on the case and its impact on individuals’ personal data in the Union

    Regulation (EU, Euratom) No 1141/2014 established a specific European legal status for European political parties and European political foundations and provides for their funding from the general budget of the European Union. It also establishes an Authority for European political parties and European political foundations. This Authority is in particular responsible for examining cases in which these entities are suspected of not respecting European fundamental values.

    However, the existing rules do not effectively dissuade and sanction abuses of data protection rules which may affect the democratic debate and free elections. The Commission feels it is necessary to protect the integrity of the European democratic process by providing for financial sanctions in situations where European political parties and European political foundations take advantage of infringements of data protection rules with a view to influencing the outcome of elections to the European Parliament.

    CONTENT: in order to ensure that the elections to the European Parliament take place under strong democratic rules and in full respect of the European values of democracy, rule of law and respect of fundamental rights, the Commission is proposing a targeted amendment to Regulation No 1141/2014. It aims to allow financial sanctions on European political parties or foundations that use infringements of data protection rules to deliberately influence or attempt to influence the outcome of elections to the European Parliament.

    The proposal provides that a verification procedure is established whereby the Authority must, in certain circumstances, ask the committee of independent eminent persons to assess whether a European political party or a European political foundation has deliberately influenced or attempted to influence the outcome of elections to the European Parliament by taking advantage of an infringement of the applicable rules on protection of personal data. Where the committee finds that to be the case, the Authority should impose effective, proportionate and dissuasive sanctions. Any party or foundation found guilty of a violation may not apply for funding from the general budget of the European Union for the year in which the sanction was imposed. The Authority shall request the opinion without undue delay and no later than 1 month after the decision of the supervisory authority. The committee shall deliver its opinion within a short, reasonable deadline set by the Authority.

    Since the new verification procedure is triggered by a decision of a competent data protection supervisory authority, it is proposed to allow for the review of the sanction if the competent data protection supervisory authority’s decision is repealed or where a remedy against such decision has been successful.

    Lastly, in order to enable the Authority to operate in an independent and effective manner, the Commission proposes that the latter has its own permanent staff and proposes also to confer the powers of an appointing authority on the Director of the Authority.

    BUDGETARY IMPLICATIONS: to ensure the effectiveness of this proposal, the Authority will be provided with more permanent staff to the extent that additional tasks are entrusted to it. The financial impact is estimated at EUR 10.1 million (EUR 1.43 million per year). More permanent staffing provisions will be made through the redeployment of existing resources, and will require the modification of the establishment plans of the contributing institutions. Therefore, these elements will be included in the forthcoming Amending Letter to Draft Budget 2019.

activities/1/committees/0/shadows/0
group
ECR
name
MESSERSCHMIDT Morten
activities/1/committees/0/shadows/1
group
ALDE
name
SELIMOVIC Jasenko
activities/1/committees/0/shadows/2
group
GUE/NGL
name
SCHOLZ Helmut
activities/1/committees/0/shadows/4
group
EFD
name
CASTALDO Fabio Massimo
activities/1/committees/0/shadows/5
group
ENF
name
ANNEMANS Gerolf
committees/0/shadows/0
group
ECR
name
MESSERSCHMIDT Morten
committees/0/shadows/1
group
ALDE
name
SELIMOVIC Jasenko
committees/0/shadows/2
group
GUE/NGL
name
SCHOLZ Helmut
committees/0/shadows/4
group
EFD
name
CASTALDO Fabio Massimo
committees/0/shadows/5
group
ENF
name
ANNEMANS Gerolf
activities/1/committees/0/shadows
  • group: Verts/ALE name: DURAND Pascal
committees/0/shadows
  • group: Verts/ALE name: DURAND Pascal
activities/1/committees/3/date
2018-11-05T00:00:00
activities/1/committees/3/rapporteur
  • group: ALDE name: IN 'T VELD Sophia
committees/3/date
2018-11-05T00:00:00
committees/3/rapporteur
  • group: ALDE name: IN 'T VELD Sophia
activities/1/committees/2/date
2018-09-24T00:00:00
activities/1/committees/2/rapporteur
  • group: EFD name: BERGERON Joëlle
committees/2/date
2018-09-24T00:00:00
committees/2/rapporteur
  • group: EFD name: BERGERON Joëlle
activities/1
date
2018-10-01T00:00:00
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EP
type
Committee referral announced in Parliament, 1st reading/single reading
committees
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AFCO/8/14620
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting committee decision
activities
  • date: 2018-09-12T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0636/COM_COM(2018)0636_EN.pdf title: COM(2018)0636 type: Legislative proposal published celexid: CELEX:52018PC0636:EN body: EC commission: DG: url: http://ec.europa.eu/info/departments/secretariat-general_en title: Secretariat-General Commissioner: JUNCKER Jean-Claude type: Legislative proposal published
committees
  • body: EP responsible: True committee: AFCO date: 2018-09-24T00:00:00 2018-09-24T00:00:00 committee_full: Constitutional Affairs rapporteur: group: EPP name: WIELAND Rainer group: S&D name: BRESSO Mercedes
  • body: EP responsible: False committee_full: Budgets committee: BUDG
  • body: EP responsible: False committee_full: Legal Affairs committee: JURI
  • body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
links
other
  • body: EC dg: url: http://ec.europa.eu/info/departments/secretariat-general_en title: Secretariat-General commissioner: JUNCKER Jean-Claude
procedure
reference
2018/0336(COD)
Mandatory consultation of other institutions
European Economic and Social Committee European Committee of the Regions
subtype
Legislation
legal_basis
stage_reached
Preparatory phase in Parliament
instrument
Regulation
title
Protection of personal data in the context of elections to the European Parliament
type
COD - Ordinary legislative procedure (ex-codecision procedure)
subject