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En En ***I Draft Report EUROPEAN PARLIAMENT 2009 - 2014 Committee on Civil Liberties, Justice and Home Affairs 2012/0011(COD) 16.1.2013 ***I DRAFT REPORT on the proposal for a regulation of the European Parliament and of the Council on the protection of individual with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (COM(2012)0011 – C7-0025/2012 – 2012/0011(COD)) Committee on Civil Liberties, Justice and Home Affairs Rapporteur: Jan Philipp Albrecht PR\924343EN.doc PE501.927v04-00 EN United in diversity EN PR_COD_1amCom Symbols for procedures * Consultation procedure *** Consent procedure ***I Ordinary legislative procedure (first reading) ***II Ordinary legislative procedure (second reading) ***III Ordinary legislative procedure (third reading) (The type of procedure depends on the legal basis proposed by the draft act.) Amendments to a draft act In amendments by Parliament, amendments to draft acts are highlighted in bold italics . Highlighting in normal italics is an indication for the relevant departments showing parts of the draft act which may require correction when the final text is prepared – for instance, obvious errors or omissions in a language version. Suggested corrections of this kind are subject to the agreement of the departments concerned. The heading for any amendment to an existing act that the draft act seeks to amend includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend. Passages in an existing act that Parliament wishes to amend, but that the draft act has left unchanged, are highlighted in bold . Any deletions that Parliament wishes to make in such passages are indicated thus: [...] . PE501.927v04-00 2/218 PR\924343EN.doc EN CONTENTS Page DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION................................. 5 EXPLANATORY STATEMENT.......................................................................................... 212 PR\924343EN.doc 3/218 PE501.927v04-00 EN PE501.927v04-00 4/218 PR\924343EN.doc EN DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION on the proposal for a regulation of the European Parliament and of the Council on the protection of individual with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (COM(2012)0011 – C7-0025/2012 – 2012/0011(COD)) (Ordinary legislative procedure: first reading) The European Parliament , – having regard to the Commission proposal to Parliament and the Council (COM(2012)0011), – having regard to Article 294(2) and Article 16(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0025/2012), – having regard to Article 294(3) of the Treaty on the Functioning of the European Union – having regard to the opinions of the European Economic and Social Committe 1 and the Committee of the Regions 2 – having regard to Rules 55 of its Rules of Procedure, – having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the France Senate, the Belgian Chambere of Representatives, the Swedish Riksdag, the Italian Chamber of Ministres and the German Bundesrat, asserting that the draft legislative act does not comply with the principle of subsidiarity, – having regard to the opinion of the European Data Protection Supervisor of 7 March 2012, – having regard to the opinion of the European Union Agency for Fundamental Rights of 1 October 2012, – having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Legal Affairs, the Committee on Industry, Research and Energy, the Committee on the Internal Market and Consumer Protection and Committee on Employment and Social Affairs (A7-0000/2012), 1. Adopts its position at first reading hereinafter set out; 2. Calls on the Commission to refer the matter to Parliament again if it intends to amend its 1 OJ C 329, 31.7.2012 p90 2 XXXX PR\924343EN.doc 5/218 PE501.927v04-00 EN proposal substantially or replace it with another text; 3. Instructs its President to forward its position to the Council, the Commission and the national parliaments. Amendment 1 Proposal for a regulation Recital 4 Text proposed by the Commission Amendment (4) The economic and social integration (4) The economic and social integration resulting from the functioning of the resulting from the functioning of the internal market has led to a substantial internal market has led to a substantial increase in cross-border flows. The increase in cross-border flows. The exchange of data between economic and exchange of data between economic and social, public and private actors across the social, public and private actors across the Union increased. National authorities in the Union increased. National authorities in the Member States are being called upon by Member States are being called upon by Union law to cooperate and exchange Union law to cooperate and exchange personal data so as to be able to perform personal data so as to be able to perform their duties or carry out tasks on behalf of their duties or carry out tasks on behalf of an authority in another Member State. an authority in another Member State. Member States have a positive obligation under the European Convention for the protection of Human Rights and Fundamental Freedoms (ECHR) to ensure that such data flows are appropriately regulated. Or. en Justification Fundamental rights safeguard clause to ensure that national levels of data protection and other fundamental rights are not undermined when applying this Regulation. See related Article 85a. PE501.927v04-00 6/218 PR\924343EN.doc EN Amendment 2 Proposal for a regulation Recital 5 Text proposed by the Commission Amendment (5) Rapid technological developments and (5) Rapid technological developments and globalisation have brought new challenges globalisation have brought new challenges for the protection of personal data. The for the protection of personal data. The scale of data sharing and collecting has scale of data sharing and collection has increased spectacularly. Technology allows increased spectacularly. Technology allows both private companies and public both private companies and public authorities to make use of personal data on authorities to make use of personal data on an unprecedented scale in order to pursue an unprecedented scale in order to pursue their activities. Individuals increasingly their activities. Individuals increasingly make personal information available make personal information available publicly and globally. Technology has publicly and globally. Technology has transformed both the economy and social transformed both the economy and social life, and requires to further facilitate the life, and requires improved legal free flow of data within the Union and the safeguards which will facilitate the free transfer to third countries and international flow of data within the Union and the organisations, while ensuring a high level transfer to third countries and international of the protection of personal data. organisations, ensuring a high level of the protection of personal data. Or. en Amendment 3 Proposal for a regulation Recital 6 Text proposed by the Commission Amendment (6) These developments require building a (6) These developments require building a strong and more coherent data protection strong and more coherent data protection framework in the Union, backed by strong framework in the Union, backed by strong enforcement, given the importance to enforcement, given the importance to create the trust that will allow the digital create the trust that will allow the digital economy to develop across the internal economy to develop across the internal market. Individuals should have control of market. Individuals should have control of their own personal data and legal and their own personal data . Legal and practical certainty for individuals, practical certainty for individuals, economic operators and public authorities economic operators and public authorities should be reinforced. should be reinforced. PR\924343EN.doc 7/218 PE501.927v04-00 EN Or. en Amendment 4 Proposal for a regulation Recital 7 Text proposed by the Commission Amendment (7) The objectives and principles of (7) The objectives and principles of Directive 95/46/EC remain sound, but it Directive 95/46/EC remain sound, but this has not prevented fragmentation in the way has not prevented fragmentation in the way data protection is implemented across the data protection is implemented across the Union, legal uncertainty and a widespread Union, legal uncertainty and a widespread public perception that there are significant public perception that there are significant risks for the protection of individuals risks for the protection of individuals associated notably with online activity. associated notably with online activity. Differences in the level of protection of the Differences in the level of protection of the rights and freedoms of individuals, notably rights and freedoms of individuals, notably to the right to the protection of personal to the right to the protection of personal data, with regard to the processing of data, with regard to the processing of personal data afforded in the Member personal data afforded in the Member States may prevent the free flow of States may prevent the free flow
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