European Parliament 2019-2024 Committee on Civil Liberties, Justice and Home Affairs PE663.032v01-00 03.02.2021 AMENDMENTS 1 - 173 Draft motion for a resolution Juan Fernando López Aguilar (PE660.347v01-00) Commission evaluation report on the implementation of the General Data Protection Regulation two years after its application AM\1223869EN.docx PE663.032v02-00 EN United in diversityEN AM_Com_NonLegRE PE663.032v02-00 2/88 AM\1223869EN.docx EN Amendment 1 Patrick Breyer on behalf of the Greens/EFA Group Draft motion for a resolution Citation -1 a (new) Draft motion for a resolution Amendment - having regard to Article 8 of the Charter of Fundamental Rights; [to be inserted before the first citation] Or. en Amendment 2 Patrick Breyer on behalf of the Greens/EFA Group Draft motion for a resolution Citation -1 a (new) Draft motion for a resolution Amendment - having regard to Article 16 of the Treaty on the Functioning of the European Union; [to be inserted before the first citation] Or. en Amendment 3 Patrick Breyer on behalf of the Greens/EFA Group Draft motion for a resolution Citation 3 a (new) Draft motion for a resolution Amendment - having regard to the Commission Communication of 24.7.2019, “Data protection rules as a trust-enabler in the AM\1223869EN.docx 3/88 PE663.032v02-00 EN EU and beyond – taking stock”1a; _________________ 1a COM (2019)374, 24.7.2019 Or. en Amendment 4 Patrick Breyer on behalf of the Greens/EFA Group Draft motion for a resolution Citation 3 b (new) Draft motion for a resolution Amendment - having regard to the contribution of the European Data Protection Board (EDPB) to the evaluation of the GDPR under Article 97, adopted on 18 February 20201a; _________________ 1a https://edpb.europa.eu/sites/edpb/files/file s/file1/edpb_contributiongdprevaluation_ 20200218.pdf Or. en Amendment 5 Patrick Breyer on behalf of the Greens/EFA Group Draft motion for a resolution Citation 3 c (new) Draft motion for a resolution Amendment - having regard to the EDPB’s “First overview on the implementation of the GDPR and the roles and means of the national supervisory authorities” of 26.2.20191a; _________________ PE663.032v02-00 4/88 AM\1223869EN.docx EN 1a https://edpb.europa.eu/sites/edpb/files/file s/file1/19_2019_edpb_written_report_to_li be_en.pdf Or. en Amendment 6 Patrick Breyer on behalf of the Greens/EFA Group Draft motion for a resolution Citation 3 d (new) Draft motion for a resolution Amendment - having regard to the guidelines adopted by the EDPB pursuant to Article 70(1)(e) of the GDPR; Or. en Amendment 7 Patrick Breyer on behalf of the Greens/EFA Group Draft motion for a resolution Recital A a (new) Draft motion for a resolution Amendment A a. whereas, according to the Fundamental Rights Survey 2019 by the Fundamental Rights Agency (FRA), 69% of the EU population above the age of 16 have heard about the GDPR; whereas this shows that the mere adoption of the GDPR has already contributed to massively better awareness of data protection among EU citizens and residents; Or. en AM\1223869EN.docx 5/88 PE663.032v02-00 EN Amendment 8 Juan Fernando López Aguilar Draft motion for a resolution Recital A a (new) Draft motion for a resolution Amendment A a. Whereas according to the Fundamental Rights Survey carried out by the Fundamental Rights Agency (FRA), individuals are increasingly aware of their rights under the GDPR; whereas despite the fact that organisations have put in place measures to facilitate the exercise of data subject's rights, individuals continue to face difficulties when trying to exercise those rights, particularly the right of access, portability, and enhanced transparency. Or. en Amendment 9 Axel Voss, Roberta Metsola, Jörgen Warborn, Henna Virkkunen, Kris Peeters, Javier Zarzalejos, Daniel Caspary, Jeroen Lenaers, Anna-Michelle Asimakopoulou, Ralf Seekatz, Isabel Wiseler-Lima Draft motion for a resolution Recital B Draft motion for a resolution Amendment B. whereas, since the start of B. whereas, since the start of application of the GDPR, supervisory application of the GDPR, supervisory authorities have received a massive authorities have received a massive increase in complaints; whereas this increase in complaints; whereas this illustrates that data subjects are more aware illustrates that data subjects are more aware of their rights and want to protect their of their rights and want to protect their personal data in line with the GDPR; personal data in line with the GDPR; whereas this also illustrates that large amounts of illegal data processing operations continue to take place; Or. en PE663.032v02-00 6/88 AM\1223869EN.docx EN Amendment 10 Patrick Breyer on behalf of the Greens/EFA Group Draft motion for a resolution Recital B a (new) Draft motion for a resolution Amendment B a. whereas many businesses have used the transition period between the GDPR entering into force and becoming applicable for a data “spring cleaning” to assess which data processing is actually taking place and which data processing might not be any longer needed or justified; Or. en Amendment 11 Assita Kanko Draft motion for a resolution Recital B a (new) Draft motion for a resolution Amendment B a. Whereas many DPAs are not able to cope with the number of complaints, whereas many DPAs are understaffed, under-resourced and lack a sufficient number of tech experts. Or. en Amendment 12 Ramona Strugariu Draft motion for a resolution Recital B a (new) Draft motion for a resolution Amendment B a. whereas the GDPR recognizes that AM\1223869EN.docx 7/88 PE663.032v02-00 EN Member States law should reconcile the rules governing freedom of expression and information, including journalistic, academic, artistic and or literary expression with the right to the protection of personal data; whereas Article 85 posits that Member States legislation should provide for exemptions for processing of data carried out for journalistic purposes or the purpose of academic artistic or literary expression, if they are necessary to reconcile the right to the protection of personal data with the freedom of expression and information; Or. en Amendment 13 Ramona Strugariu Draft motion for a resolution Recital B b (new) Draft motion for a resolution Amendment B b. whereas, as emphasized also by the European Data Protection Board, the protection of journalistic sources is the cornerstone of the freedom of the press; whereas GDPR should not be abused against journalists and access to information and should by no means be used by national authorities to stifle media freedom; Or. en Amendment 14 Axel Voss, Roberta Metsola, Henna Virkkunen, Kris Peeters, Eva Maydell, Daniel Caspary, Jeroen Lenaers, Pascal Arimont, Anna-Michelle Asimakopoulou, Ralf Seekatz, Isabel Wiseler-Lima Draft motion for a resolution Paragraph 1 PE663.032v02-00 8/88 AM\1223869EN.docx EN Draft motion for a resolution Amendment 1. Welcomes that the GDPR has 1. Welcomes that the GDPR has become a global standard for the protection become a global standard for the protection of personal data and is a factor of of personal data and is a factor of convergence in the development of norms; convergence in the development of norms; welcomes that the GDPR has placed the welcomes that the GDPR has placed the EU at the forefront of international EU at the forefront of international discussions about data protection and a discussions about data protection and a number of third countries have aligned number of third countries have aligned their data protection laws with the GDPR; their data protection laws with the GDPR; urges the European Commission as well as Member States to use this momentum to push at UN, OECD, G8, G20 level for the creation of international standards that are shaped on European values and principles; underlines that a dominant European position in this field would help our continent to better defend the rights of our citizens, safeguard our values and principles, promote trustful digital innovation, and to accelerate the economic growth by avoiding fragmentation; Or. en Amendment 15 Patrick Breyer on behalf of the Greens/EFA Group Draft motion for a resolution Paragraph 1 a (new) Draft motion for a resolution Amendment 1 a. Points out that the Council of Europe Convention 108 on Data Protection has been aligned with the GDPR (“Convention 108+”) and has already been signed by 42 Countries; Or. en Amendment 16 AM\1223869EN.docx 9/88 PE663.032v02-00 EN Axel Voss, Jörgen Warborn, Henna Virkkunen, Kris Peeters, Javier Zarzalejos, Daniel Caspary, Jeroen Lenaers, Anna-Michelle Asimakopoulou, Ralf Seekatz, Isabel Wiseler- Lima Draft motion for a resolution Paragraph 2 Draft motion for a resolution Amendment 2. Concludes that, two years after its 2. Takes note of the assessment of entry into application, the GDPR has been the European Commission that, two years an overall success and agrees with the after its entry into application, the GDPR European Commission that it is not has been an overall success; points, necessary at this stage to update or review however, to the problems and the legislation; shortcomings identified by stakeholders and confirmed by the Commission; disagrees, therefore with the Commission that it is not necessary at this stage to update or review the legislation and calls for an urgent, targeted revision aimed at rectifying the identified problems and shortcomings; Or. en Amendment 17 Axel Voss, Roberta Metsola, Jörgen Warborn, Henna Virkkunen, Javier Zarzalejos, Daniel Caspary, Jeroen Lenaers, Anna-Michelle Asimakopoulou, Ralf Seekatz, Isabel Wiseler-Lima Draft motion for a resolution Paragraph 2 a (new) Draft motion for a resolution Amendment 2 a. Highlights that while the GDPR - in some areas - is becoming a competitive enabler for the EU, it has not facilitated the exercise of new individual rights as originally anticipated and thwarts our efforts in the global race for future strategic technologies by unnecessarily restricting businesses in the use of available data; Or.