Data Protection: JURI Opinion : Différence entre versions
Ligne 215 : | Ligne 215 : | ||
with more negative profiling. Positive profiling is often used to tailor services to consumers | with more negative profiling. Positive profiling is often used to tailor services to consumers | ||
by recording their needs and preferences. | by recording their needs and preferences. | ||
+ | |||
+ | |||
+ | 87 | ||
+ | 20 | ||
+ | |||
+ | *2. Subject to the other provisions of this Regulation, a <s>person</s> '''data subject''' may be <s>subjected</s> '''subject''' to a decision of the kind referred to in paragraph 1 if the processing: | ||
+ | **<s>(a) is carried out in the course of the entering into, or performance of, a contract, where the request for the entering into or the performance of the contract, lodged by the data subject, has been satisfied or where suitable measures to safeguard the data subject's legitimate interests have been adduced, such as the right to obtain human intervention; or</s> | ||
+ | **<s>(b) is expressly authorized by a Union or Member State law which also lays down suitable measures to safeguard the data subject's legitimate interests; or</s> | ||
+ | **<s>(c) is based on the data subject's consent, subject to the conditions laid down in Article 7 and to suitable safeguards.</s> | ||
+ | **'''(a) is authorized by a Union or Member State law which also lays down suitable measures to safeguard the data subject's legitimate interests; or''' | ||
+ | **'''(b) is lawful pursuant to points (a) to (fa) of Article 6(1) of this Regulation;''' | ||
+ | |||
+ | *'''With due regard to Article 9, paragraph 2, profiling shall not have the effect of discriminating against individuals on the basis, for instance, of race or ethnic origin, religion or sexual orientation.''' | ||
+ | |||
+ | =Data breach= | ||
+ | |||
+ | 111 | ||
+ | 31 | ||
+ | |||
+ | *1. In the case of a personal data breach '''which has a considerable effect on the data subject, ''', the controller shall, without undue delay <s>and, where feasible, not later than 24 hours after having become aware of it</s>, notify the personal data breach to the supervisory authority. <s>The notification to the supervisory authority shall be accompanied by a reasoned justification in cases where it is not made within 24 hours.</s> | ||
+ | |||
+ | =Transfer to third countries= | ||
+ | |||
+ | 138 | ||
+ | 42 | ||
+ | |||
+ | *1. Where the Commission has taken no decision pursuant to Article 41, '''or if it finds that a third country, a region or a data processing sector in a third country, or an international organisation, does not offer a sufficient level of data protection,''' a controller or processor may transfer personal data to a third country or an international organisation only if the controller or processor has adduced appropriate safeguards with respect to the protection of personal data in a legally binding instrument''', and where appropriate pursuant to an impact assessment, where the controller or processor has ensured that the recipient of data in a third country maintains high standards of data protection'''. | ||
+ | |||
+ | =Complaints= | ||
+ | |||
+ | 170 | ||
+ | 74 | ||
+ | |||
+ | *<s>3. Independently of a data subject's complaint, any body, organisation or association referred to in paragraph 2 shall have the right to lodge a complaint with a supervisory authority in any Member State, if it considers that a personal data breach has occurred.</s> | ||
+ | |||
+ | 172 | ||
+ | 74 | ||
+ | |||
+ | *<s>4. A data subject which is concerned by a decision of a supervisory authority in another Member State than where the data subject has its habitual residence, may request the supervisory authority of the Member State where it has its habitual residence to bring proceedings on its behalf against the competent supervisory authority in the other Member State.</s> | ||
+ | |||
+ | 174 | ||
+ | 76 | ||
+ | |||
+ | *<s>1. Any body, organisation or association referred to in Article 73(2) shall have the right to exercise the rights referred to in Articles 74 and 75 on behalf of one or more data subjects.</s> | ||
+ | |||
+ | =Sanctions= | ||
+ | |||
+ | 176 | ||
+ | 79 | ||
+ | |||
+ | *1. <s>Each</s> '''The''' supervisory authority '''competent under Article 51(2)''' shall be empowered to impose administrative sanctions in accordance with this Article. | ||
+ | |||
+ | 178 | ||
+ | 79 | ||
+ | |||
+ | *'''2a. The supervisory authority may give a written warning without imposing a sanction. The supervisory authority may impose a fine of up to EUR 1 000 000 for repeated, deliberate breaches or, in the case of a company, of up to 2 % of its annual worldwide turnover.''' | ||
+ | |||
+ | 180 | ||
+ | 79 | ||
+ | |||
+ | *<s>4....</s> | ||
[[Category:Data Protection]] | [[Category:Data Protection]] |
Version du 5 avril 2013 à 14:05
JURI is the European Parliament committee on Legal Affairs issues.
On 25 April 2013, it issued an opinion on the Proposal for a Data Protection Regulation aimed to assist LIBE committee in the drafting of its own report.
You can find a detailed list of its members on Memopol or visit its official website.
Its opinion proposes many amendments which would severely weaken personal data protection.
This page lists and analyses the most dangerous of them.
Top amendments to reject and to support
Sommaire
Pseudonymous data
36
4
(3a) '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;
Supervisory authority
41
4
(19a) 'competent supervisory authority' means a supervisory authority with exclusive competence to supervise the processing activities of the controller or processor in accordance with Article 51(2);
Legitimate interest
47
6
(f) processing is necessary for the purposes of the legitimate interests pursued by a controller or by a third party or third parties to whom the data are communicated, 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.
48
6
(fa) processing is necessary for fraud detection and prevention purposes according to applicable financial regulation or established industry, or professional body, codes of practice.
Purpose limitation
49
6
4. Where the purpose of further processing
is not compatible with the one for which
the personal data have been collected, the
processing must have a legal basis at least
in one of the grounds referred to in points
(a) to (e) (f) of paragraph 1. This shall in
particular apply to any change of terms and
general conditions of a contract.
Child protection
55
8
1. For the purposes of this Regulation, in
relation to the offering of information
society services directly to a child,
the processing of personal data of a child
below the age of 13 years shall only be
lawful if and to the extent
would normally
require that consent is given or authorised
by the child's parent or custodian
legal
representative. The appropriate form for obtaining consent should be based on any risk posed to the child by the amount of data, its type and the nature of the processing. The controller shall make reasonable efforts to obtain verifiable consent, taking into consideration available technology. The methods to obtain verifiable consent shall not lead to the further processing of personal data which would otherwise not be necessary.
Data subject's rights=
64
12
4. The information and the actions taken on
requests referred to in paragraph 1 shall be
free of charge. Where requests are
manifestly excessive, in particular because of owing to
their high volume, complexity or their
repetitive character, the controller may
charge a an appropriate, not for profit, fee
for providing the information or taking the
action requested, or the controller may
not decline to take the action requested. In that
case, the controller shall bear the burden of
proving the manifestly excessive character
of the request.
???
78
15
2. The data subject shall have the right to
obtain from the controller communication
of the personal data undergoing processing . Where the data subject makes the request
in electronic form, the information shall
be provided in electronic form, unless
otherwise requested by the data subject.
and, on electronic request, an electronic copy of the non-commercial data
undergoing processing in an
interoperable and structured format
which allows for further use. The
controller shall verify the identity of a
data subject requesting access to data
within the limits of Articles 5 to 10 of this
Regulation.
Right to be forgotten
79
17
1a. Credit institutions that retain data for the following grounds shall be exempt from the requirements of this Article: - risk management purposes; - fulfilment of EU and international supervisory and compliance requirements; - market abuse purposes.
Why only credit institution should enjoy this exception? > Lobby
81
17
(a) for exercising the right of freedom of expression in accordance with Article 80 or when providing an information society service to facilitate the accessing of such expression;
Profiling
86
20
1. Every natural person
data subject shall have the right
not to be subject to a measure which decision that'
produces adverse legal effects concerning this natural person or significantly adversely
affects this natural person data subject, and which is
based solely or predominantly on
automated processing intended to evaluate
certain personal aspects relating to this
natural person data subject
or to analyse or
predict in particular the natural person's
performance at work, economic situation,
location, health, personal preferences,
reliability or behaviour
.
justif : It is important to consider that some profiling activities have considerable benefits for consumers and can be a good basis for good customer service. The wide definition of profiling does not differentiate routine data processing activities that are positive in nature with more negative profiling. Positive profiling is often used to tailor services to consumers by recording their needs and preferences.
87
20
- 2. Subject to the other provisions of this Regulation, a
persondata subject may besubjectedsubject to a decision of the kind referred to in paragraph 1 if the processing:(a) is carried out in the course of the entering into, or performance of, a contract, where the request for the entering into or the performance of the contract, lodged by the data subject, has been satisfied or where suitable measures to safeguard the data subject's legitimate interests have been adduced, such as the right to obtain human intervention; or(b) is expressly authorized by a Union or Member State law which also lays down suitable measures to safeguard the data subject's legitimate interests; or(c) is based on the data subject's consent, subject to the conditions laid down in Article 7 and to suitable safeguards.- (a) is authorized by a Union or Member State law which also lays down suitable measures to safeguard the data subject's legitimate interests; or
- (b) is lawful pursuant to points (a) to (fa) of Article 6(1) of this Regulation;
- With due regard to Article 9, paragraph 2, profiling shall not have the effect of discriminating against individuals on the basis, for instance, of race or ethnic origin, religion or sexual orientation.
Data breach
111 31
- 1. In the case of a personal data breach which has a considerable effect on the data subject, , the controller shall, without undue delay
and, where feasible, not later than 24 hours after having become aware of it, notify the personal data breach to the supervisory authority.The notification to the supervisory authority shall be accompanied by a reasoned justification in cases where it is not made within 24 hours.
Transfer to third countries
138 42
- 1. Where the Commission has taken no decision pursuant to Article 41, or if it finds that a third country, a region or a data processing sector in a third country, or an international organisation, does not offer a sufficient level of data protection, a controller or processor may transfer personal data to a third country or an international organisation only if the controller or processor has adduced appropriate safeguards with respect to the protection of personal data in a legally binding instrument, and where appropriate pursuant to an impact assessment, where the controller or processor has ensured that the recipient of data in a third country maintains high standards of data protection.
Complaints
170 74
3. Independently of a data subject's complaint, any body, organisation or association referred to in paragraph 2 shall have the right to lodge a complaint with a supervisory authority in any Member State, if it considers that a personal data breach has occurred.
172 74
4. A data subject which is concerned by a decision of a supervisory authority in another Member State than where the data subject has its habitual residence, may request the supervisory authority of the Member State where it has its habitual residence to bring proceedings on its behalf against the competent supervisory authority in the other Member State.
174 76
1. Any body, organisation or association referred to in Article 73(2) shall have the right to exercise the rights referred to in Articles 74 and 75 on behalf of one or more data subjects.
Sanctions
176 79
- 1.
EachThe supervisory authority competent under Article 51(2) shall be empowered to impose administrative sanctions in accordance with this Article.
178 79
- 2a. The supervisory authority may give a written warning without imposing a sanction. The supervisory authority may impose a fine of up to EUR 1 000 000 for repeated, deliberate breaches or, in the case of a company, of up to 2 % of its annual worldwide turnover.
180 79
4....