ALDE swing votes compromise amendments ITRE data protection

CA 31

Article 4 – paragraph 1 – point 1 (Replacing amendments 323, Andersdotter, 324 - Valean, Creutzmann, 325 - Rübig, and 326 - Niebler)

REPLACES

(1) 'data subject' means an identified natural person or a natural person who can be identified, directly or indirectly, by means reasonably likely to be used by the controller or by any other natural or legal person, in particular by reference to an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person;

WITH

(1) ‘data subject’ means an identified natural person or a natural person who can be identified, directly or indirectly, by means reasonably likely to be used by the controller or by any other natural or legal person, working together with the controller, in particular by reference to an identification number or other unique identifier, location data, online identifier or to one or more factors specific to the gender, physical, physiological, genetic, mental, economic, cultural or social identity or sexual orientation of that person and who is not acting in his/her professional capacity;

CA 33

Article 4 – paragraph 1 – point 2 a (new) (Replacing amendments 23 - Rapporteur, and 331 - Rohde)

CREATING

(2a) 'pseudonymous data' means any personal data that has been collected, altered or otherwise processed so that it of itself cannot be attributed to a data subject without the use of additional data which is subject to separate and distinct technical and organisational controls to ensure such non attribution

CA 34

Article 4 – paragraph 1 – point 2 b (new) (Replacing amendments 24 - Rapporteur, 330 - Rohde, and 333 - Chichester)

CREATING

(2 b) 'anonymous data' means any personal data that has been collected, altered or otherwise processed in such a way that it can no longer be attributed to a data subject; anonymous data shall not be considered personal data

CA 35

Article 4 – paragraph 1 – point 8 (Replacing amendments 25 - Rapporteur, 338 - Niebler, 339 - Chichester, and 340 - Valean, Creutzmann)

REPLACING

(8) 'the data subject's consent' means any freely given specific, informed and explicit indication of his or her wishes by which the data subject, either by a statement or by a clear affirmative action, signifies agreement to personal data relating to them being processed;

WITH

(8) ‘the data subject's consent’ means any freely given specific, informed and unambiguous indication of his or her wishes by which the data subject signifies agreement to personal data relating to them being processed; Silence or inactivity does not in itself indicate acceptance;

CA 37

Article 5 - paragraph 1 - point c

(Replacing amendments 358 Valean/Creutzmann and 359 - Audy)

Personal data must be:

REPLACING

(c) adequate, relevant, and limited to the minimum necessary in relation to the purposes for which they are processed; they shall only be processed if, and as long as, the purposes could not be fulfilled by processing information that does not involve personal data;

WITH

(c) adequate, relevant, and proportionate and not excessive in relation to the purposes for which they are processed; they shall only be processed if, and as long as, the purposes could not be fulfilled by processing information that does not involve personal data;

CA 38

Article 6 – paragraph 1 – point a (Replacing amendments 29 - Rapporteur, 363 - Audy, and 364 - Ticau)

1. Processing of personal data shall be lawful only if and to the extent that at least one of the following applies:

REPLACING

(a) the data subject has given consent to the processing of their personal data for one or more specific purposes;

WITH

(a) the data subject has given consent to the processing of their personal data;

CA 39

Article 6 – paragraph 1 – point f (Replacing amendments 30 - Rapporteur, Valean, 371 - Vidal-Quadras, and 372 - Kelly, Valean, Niebler)

(1. Processing of personal data shall be lawful only if and to the extent that at least one of the following applies:)

REPLACING

(f) processing is necessary for the purposes of the legitimate interests pursued by a controller, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. This shall not apply to processing carried out by public authorities in the performance of their tasks.

WITH

(f) processing is necessary for the purposes of the legitimate interests pursued by, or on behalf of a controller or a processor, or by a third party or parties in whose interest the data is processed, including for the security of processing, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. This shall not apply to processing carried out by public authorities in the performance of their tasks or enterprises in the exercise of their legal obligations, and in order to safeguard against fraudulent behaviour.

CA 40

Article 6 – paragraph 1

(Replacing Amendments 374 - Kelly, del Castillo, Niebler, 377 - Vidal-Quadras, 380 - Rohde)
                         
1. Processing of personal data shall be lawful only if and to the extent that at least one of the following applies:

CREATING

(g) processing is limited to pseudonymised data, where the data subject is adequately protected and the recipient of the service is given a right to object pursuant to Art. 19 (3) (new).

CA 41

Article 7 – paragraph 3 (Replacing amendments 38 - Rapporteur, 397 - Chichester)

REPLACING

3. The data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

WITH

3.The data subject shall have the right to withdraw his or her consent at any time. If the consent is part of a contractual or statutory relationship the withdrawal shall depend on the contractual or legal conditions. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

CA 43

Article 7 – paragraph 4 (Replacing amendments 39 - Rapporteur, 400 - Lange, and 401 - Rübig)

REPLACING

4. Consent shall not provide a legal basis for the processing, where there is a significant imbalance between the position of the data subject and the controller.

WITH

4. Consent shall not provide a legal basis for the processing, when it has not been given freely,

CA 46

Article 9 – paragraph 2 – point g (Replacing amendments 42 - Rapporteur 416 - Andersdotter, and 417 - Rohde)

(g) processing and sharing is necessary for the performance of a task carried out in the public interest, on the basis of Union law, Member State law, international conventions to which the Union or a Member State is a party, which shall provide for suitable measures to safeguard the data subject's fundamental rights and legitimate interests; or

CA 47

Article 9 – paragraph 2 – point j (Replacing amendments 44 - Rapporteur, 421 - Rohde, 422 - Andersdotter and 423 - Valean, Creutzmann)

(j) processing of data relating to criminal convictions or related security measures is carried out either subject to the conditions and safeguards referred to in Article 83a or under the supervision of a supervisory authority or when the processing is necessary for compliance with or to avoid a breach of a legal or regulatory obligation or collective agreements on the labour market to which a controller is subject, or for the performance of a task carried out for important public interest reasons, and in so far as authorised by Union law or Member State law providing for adequate safeguards for the fundamental rights of the data subject. A complete register of criminal convictions shall be kept only under the control of official authority.

CA 48

Article 10 – paragraph 1 (Replacing amendments 428 - Valean, Creutzmann, 429 - Valean, Creutzmann, 430 - Rübig, 431 - Kelly, Del Castillo Vera, Niebler, 432 - Proust, and 433 - Andersdotter)

If the data processed by a controller do not permit the controller, through means used by the controller to identify a data subject, in particular when rendered anonymous or pseudonymous, the controller shall not acquire additional information in order to identify the data subject for the sole purpose of complying with any provision of this Regulation.

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