European Parliament 2019-2024 Committee on Civil Liberties, Justice and Home Affairs PE691.441v01-00 26.4.2021 AMENDMENTS 1 - 161 Draft report Juan Fernando López Aguilar (PE691.241v01-00) The adequate protection of personal data by the United Kingdom AM\1229955EN.docx PE691.441v01-00 EN United in diversityEN AM_Com_NonLegReport PE691.441v01-00 2/88 AM\1229955EN.docx EN Amendment 1 Tom Vandenkendelaere, Axel Voss, Jeroen Lenaers Draft motion for a resolution Citation 1 Draft motion for a resolution Amendment — having regard to the Charter of — having regard to the Charter of Fundamental Rights of the European Union Fundamental Rights of the European Union (the Charter), in particular Articles 7, 8, 47 (the Charter), in particular Articles 6, 7, 8, and 52 thereof, 16, 47 and 52 thereof, Or. en Amendment 2 Assita Kanko Draft motion for a resolution Citation 2 Draft motion for a resolution Amendment — having regard to the judgment of deleted the Court of Justice of the European Union (CJEU) of 16 July 2020 in case C- 311/18, Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems (Schrems II judgment)1 , _________________ 1 ECLI:EU:C:2020:559. Or. en Amendment 3 Assita Kanko Draft motion for a resolution Citation 3 Draft motion for a resolution Amendment — having regard to the judgment of deleted the CJEU of 6 October 2015 in case C- AM\1229955EN.docx 3/88 PE691.441v01-00 EN 362/14, Maximillian Schrems v Data Protection Commissioner (Schrems I judgment)2 , _________________ 2 ECLI:EU:C:2015:650. Or. en Amendment 4 Assita Kanko Draft motion for a resolution Citation 5 Draft motion for a resolution Amendment — having regard to its resolution of deleted 12 March 2014 on the US NSA surveillance programme, surveillance bodies in various Member States and their impact on EU citizens’ fundamental rights and on transatlantic cooperation in Justice and Home Affairs4 , _________________ 4 OJ C 378, 9.11.2017, p. 104. Or. en Amendment 5 Assita Kanko Draft motion for a resolution Citation 6 Draft motion for a resolution Amendment — having regard to its resolution of 5 deleted July 2018 on the adequacy of the protection afforded by the EU-US Privacy Shield5 , _________________ 5 OJ C 118, 8.4.2020, p. 133. PE691.441v01-00 4/88 AM\1229955EN.docx EN Or. en Amendment 6 Gwendoline Delbos-Corfield Draft motion for a resolution Citation 7 a (new) Draft motion for a resolution Amendment — having regard to its resolution of XX April 2021 on the judgment of the CJEU of 16 July 2020 - Data Protection Commissioner v Facebook Ireland Limited, Maximilian Schrems; Or. en Amendment 7 Tom Vandenkendelaere, Axel Voss, Jeroen Lenaers Draft motion for a resolution Citation 12 Draft motion for a resolution Amendment — having regard to Directive (EU) — having regard to Directive (EU) 2016/680 of the European Parliament and 2016/680 of the European Parliament and of the Council of 27 April 2016 on the of the Council of 27 April 2016 on the protection of natural persons with regard to protection of natural persons with regard to the processing of personal data by the processing of personal data by competent authorities for the purposes of competent authorities for the purposes of the prevention, investigation, detection or the prevention, investigation, detection or prosecution of criminal offences or the prosecution of criminal offences or the execution of criminal penalties, and on the execution of criminal penalties, and in free movement of such data (the Law particular Article 45(3) thereof, and on Enforcement Directive for Data the free movement of such data (the Law Protection)10 , Enforcement Directive for Data Protection, 'LED')10, in particular Article 36(3) thereof, _________________ _________________ 10 OJ L 119, 4.5.2016, p. 89. 10 OJ L 119, 4.5.2016, p. 89. Or. en AM\1229955EN.docx 5/88 PE691.441v01-00 EN Amendment 8 Assita Kanko Draft motion for a resolution Citation 14 Draft motion for a resolution Amendment — having regard to the Commission deleted proposal of 10 January 2017 for a regulation of the European Parliament and of the Council concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications – COM(2017)0010) and the European Parliament’s position thereon adopted on 20 October 201712 , _________________ 12 A8-0324/2017. Or. en Amendment 9 Tom Vandenkendelaere, Axel Voss, Jeroen Lenaers Draft motion for a resolution Citation 14 Draft motion for a resolution Amendment — having regard to the Commission deleted proposal of 10 January 2017 for a regulation of the European Parliament and of the Council concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications – COM(2017)0010) and the European Parliament’s position thereon adopted on 20 October 201712 , PE691.441v01-00 6/88 AM\1229955EN.docx EN _________________ 12 A8-0324/2017. Or. en Amendment 10 Tom Vandenkendelaere, Axel Voss, Jeroen Lenaers Draft motion for a resolution Citation 19 Draft motion for a resolution Amendment — having regard to the EDPB opinion — having regard to EDPB opinions of XXXX on the draft adequacy decisions 14/2021 and 15/2021 of 13 April 2021 on for the UK, the draft adequacy decisions for the UK, Or. en Amendment 11 Gwendoline Delbos-Corfield Draft motion for a resolution Citation 19 Draft motion for a resolution Amendment — having regard to the EDPB opinion — having regard to the EDPB opinion of XXXX on the draft adequacy decisions of 13 April 2021 on the draft adequacy for the UK, decisions for the UK, Or. en Amendment 12 Assita Kanko Draft motion for a resolution Citation 19 a (new) Draft motion for a resolution Amendment — having regard to the European Convention of Human Rights and to “Convention 108” of the Council of AM\1229955EN.docx 7/88 PE691.441v01-00 EN Europe, to which the UK is a party; Or. en Amendment 13 Sophia in 't Veld Draft motion for a resolution Citation 20 Draft motion for a resolution Amendment — having regard to Rule 132(2) of its — having regard to Rule 112 and Rule Rules of Procedure, 132(2) of its Rules of Procedure, Or. en Amendment 14 Sophia in 't Veld Draft motion for a resolution Citation 20 a (new) Draft motion for a resolution Amendment — Having regard to Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers; Or. en Amendment 15 Moritz Körner, Michal Šimečka, Jan-Christoph Oetjen, Sophia in 't Veld, Olivier Chastel Draft motion for a resolution Citation 21 a (new) PE691.441v01-00 8/88 AM\1229955EN.docx EN Draft motion for a resolution Amendment — having regard to the EPRS briefing IDA 690536 on the EU-UK private-sector data flows after Brexit, Or. en Amendment 16 Cornelia Ernst Draft motion for a resolution Recital A Draft motion for a resolution Amendment A. whereas the ability to transfer deleted personal data across borders has the potential to be a key driver of innovation, productivity and economic competitiveness; Or. en Amendment 17 Tom Vandenkendelaere, Axel Voss, Jeroen Lenaers Draft motion for a resolution Recital A Draft motion for a resolution Amendment A. whereas the ability to transfer A. whereas the ability to transfer personal data across borders has the personal data across borders has the potential to be a key driver of innovation, potential to be a key driver of innovation, productivity and economic productivity and economic competitiveness; competitiveness, and is of crucial importance for effective cooperation in the fight against cross-border organised and serious crime as well as terrorism, which increasingly depends on the exchange of personal data; Or. en AM\1229955EN.docx 9/88 PE691.441v01-00 EN Amendment 18 Assita Kanko Draft motion for a resolution Recital A Draft motion for a resolution Amendment A. whereas the ability to transfer A. whereas the ability to transfer personal data across borders has the personal data across borders is a key driver potential to be a key driver of innovation, of innovation, productivity and economic productivity and economic competitiveness and facilitates competitiveness; interpersonal contact and cultural relations; Or. en Amendment 19 Gwendoline Delbos-Corfield Draft motion for a resolution Recital A Draft motion for a resolution Amendment A. whereas the ability to transfer A. whereas the ability to transfer personal data across borders has the personal data across borders in full respect potential to be a key driver of innovation, of fundamental rights has the potential to productivity and economic be a key driver of innovation, productivity competitiveness; and economic competitiveness; Or. en Amendment 20 Tom Vandenkendelaere, Axel Voss, Jeroen Lenaers Draft motion for a resolution Recital A a (new) Draft motion for a resolution Amendment A a. whereas the UK has traditionally been an important trading partner of many EU Member States as well as a close ally in the area of security; whereas the EU and the UK should maintain this PE691.441v01-00 10/88 AM\1229955EN.docx EN close cooperation despite the UK withdrawal from the EU since this will be beneficial for both sides whereas secure data transfers to the UK are not only important for our European businesses, but are crucial for effective cooperation in the fight against crime and terrorism as well; Or. en Amendment 21 Gwendoline Delbos-Corfield Draft motion for a resolution Recital A a (new) Draft motion for a resolution Amendment A a.