Spain EPP

Agustín Díaz de Mera García Consuegra

Country: Spain
Group: European People's Party (EPP)
Party: Partido Popular (PP)

Member of Civil Liberties, Justice and Home Affairs
Substitute of Petitions
Substitute of Development

Overview Agustín Díaz de Mera García Consuegra

Amendments: 195
...stronger: 23
...weaker: 90
...neutral: 82

Amendments by Agustín Díaz de Mera García Consuegra

(b) by the Union institutions, bodies, offices and agencies;
(c) by the Member States when carrying out activities which fall within the scope of Chapter 2 of Title V of the Treaty on European Union;
(ea) by competent authorities for the purposes of producing and disseminating the official statistics entrusted to them;
(eb) by competent authorities for the purposes of drawing up electoral rolls.
(8) ‘the data subject’s consent’ means any freely given specific, informed and explicit and informed 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;
(19a) ‘official statistics’ means quantitative and qualitative, aggregated and representative information characterising a collective phenomenon in a considered population;
(19b) ‘electoral rolls’ means personal data, and data relating to the place of residence, of persons entitled to vote;
  Comment: Exceptions led to less protection. Discuss this Rating
(19c) ‘information society services’ means services provided at the recipient’s individual request, at a distance, and by electronic means, that is to say, the service is sent initially and received at its destination by means of electronic equipment for the processing, including digital compression, and storage of data and is transmitted, conveyed, and received entirely by wire, by radio, by optical means, or by any other electromagnetic means.
(c) adequate, relevant, and limited to the minimum necessary 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;
(d) accurate and , where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the data will be processed solely for historical, statistical or scientific research purposes in accordance with the rules and conditions , without prejudice to the provisions of Article 83 and if a periodic review is carried out to assess the necessity to continue the storage;;
(f) processed under the responsibility and liability of the controller, who shall ensure and demonstrate for each processing operation the compliance with the provisions of this Regulation.
(f) processing is necessary for the purposes of the legitimate interests pursued by a controller, or by a third party to whom the data are to be 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.
The law Union law and the law of the Member State must meet an objective of public interest or must be necessary to protect the rights and freedoms of others, respect the essence of the right to the protection of personal data and be proportionate to the legitimate aim pursued.
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the conditions referred to in point (f) of paragraph 1 for various sectors and data processing situations, including as regards the processing of personal data related to a child.
1. The controller shall bear the burden of proof for the data subject's having been duly informed in advance or in time to give their consent to the processing of their personal data for specified purposes.
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.
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for the methods to obtain verifiable consent referred to in paragraph 1. In doing so, the Commission shall consider specific measures for micro, small and medium-sized enterprises.
4. The Commission may lay down standard forms for specific methods to obtain verifiable consent referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 87(2).
(f) processing is necessary for the establishment, exercise or defence of legal claimsor administrative claims of any kind; o
(i) processing is necessary for historical, statistical or scientific research purposes or for preliminary official or administrative investigation to determine biological parentage, subject to the conditions and safeguards referred to in Article 83; o
(j) processing of data relating to criminal convictions or related security measures is carried out either under the control of official authority or when the processing is necessary for compliance with a legal or regulatory obligation 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. A complete register of criminal convictions , whether complete or not, shall be kept only under the control of official authority.
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria, conditions and appropriate safeguards for the processing of the special categories of personal data referred to in paragraph 1 and the exemptions laid down in paragraph 2.
1. The controller shall have transparent and easily accessible policies observe transparency and accessibility criteria with regard to the processing of personal data and for the exercise of data subjects' rights.’ rights. To that end it may disseminate those criteria by framing policies to be made known to all data subjects.
2. The controller shall provide any information and any communication relating to the processing of personal data to the data subject in an intelligible form, using clear and plain language, adapted to the data subject, in particular wherever possible. This last point shall be taken particularly into account for any information addressed specifically to a child.
1. The controller shall establish procedures for providing provide the information referred to in Article 14 and for the exercise of the rights of data subjects referred to in Article 13 and Articles 15 to 19. The controller shall provide in particular mechanisms for facilitating the request for the actions referred to in Article 13 and Articles 15 to 19. Where personal data are processed by automated means, the controller shall also provide means for requests to be made electronically.this is deemed appropriate, the above information as a whole may be presented in the form of policies and manuals of procedures to facilitate understanding and the use of such information.
a) the identity and the contact details of the controller and, if any, of the controller's representative and of the data protection officer;
(b) the purposes of the processing for which the personal data are intended, including the contract terms and general conditions where the processing is based on point (b) of Article 6(1) and the legitimate interests pursued by the controller where the processing is based on point (f) of Article 6(1);;
(c) (c) where possible, the period for which the personal data will be stored;
(e) the right to lodge a complaint to the supervisory authority and the contact details of the supervisory authority;;
(a) (a) in general at the time when the personal data are obtained from the data subject or as soon as possible where the above is not feasible, demands undue effort, or reduces the safeguards enjoyed by the data subject; or
7. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria for categories of recipients referred to in point (f) of paragraph 1, the requirements for the notice of potential access referred to in point (g) of paragraph 1, the criteria for the further information necessary referred to in point (h) of paragraph 1 for specific sectors and situations, and the conditions and appropriate safeguards for the exceptions laid down in point (b) of paragraph 5. In doing so, the Commission shall take the appropriate measures for micro, small and medium-sized- enterprises.
1. The data subject shall have the right to obtain from the controller at any time, on request, confirmation as to whether or not personal data relating to the data subject are being processed. If the controller is processing a large number of files relating to the data subject, it may ask the data subject to specify in the necessary detail, before the information is supplied, which file or files, or what particular fields of activity, are covered by the data subject’s request. Where such personal data are being processed, the controller shall provide the following information:
(h) the significance and envisaged consequences of such processing, at least in the case of measures referred to in Article 20.
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.
2. Where the controller referred to in paragraph 1 has made the explicitly or tacitly allowed third-party access to personal data public, it shall take all reasonable steps in proportion to its capacity, including technical measures, in relation to data for the publication of which the controller is responsible, to inform third parties which are processing such data, that a data subject requests them to erase any links to, or copy or replication of that personal data. Where the controller has authorised a third party publication of personal datawho has allowed access to personal data has disappeared, has ceased to exist or for other reasons cannot be contacted by the data subject, the controller shall be considered responsible for that publication.data subject shall have the right to obtain from third-party controllers the erasure of any links to, or copy or replication of the personal data.
(d) for compliance with a legal obligation to retain the personal data by Union or Member State law to which the controller is subject; Union law and Member State laws shall meet an objective of public interest, respect the essence of the right to the protection of personal data and be proportionate to the legitimate aim pursued;
In the cases referred to in points (a) to (d), the data subject may exercise the right to object to the establishment of links or creation of copies or replications of his personal data. The viability of this right shall be resolved in the light of all the circumstances involved in the case, whilst making efforts not to frustrate the specific basis for the retention of data.
9. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying: a) the criteria and requirements for the application of paragraph 1 for specific sectors and in specific data processing situations; b) the conditions for deleting links, copies or replications of personal data from publicly available communication services as referred to in paragraph 2; c) the criteria and conditions for restricting the processing of personal data referred to in paragraph 4.
1. The data subject shall have the right, where personal data are processed by electronic means and in a structured and commonly used format, to obtain from the controller a copy of data undergoing processing in an electronic and structured format which is commonly used and allows for further use by the data subject. Where the format requested by the data subject differs from the processing format, the controller may impose a charge for conversion at a level which may not exceed the cost of the service provided at market prices.
2. Where the data subject has provided the personal data and the processing is based on consent or on a contract, the data subject shall have the right to transmit those personal data and any other information provided by the data subject and retained by an automated processing system, into another one, in an electronic format which is commonly used, without hindrance from the controller from whom the personal data are withdrawn. The controller from whom the personal data are withdrawn shall delete those data, unless their continued processing is covered by another legal provision in force. Union and Member State laws may regulate cases where there is a legal obligation to store data, based on objectives of public interest proportionate to the aim pursued, and respecting the essence of the right to the protection of personal data.
3. Where an objection is upheld pursuant to paragraphs 1 and paragraph 1, the controller shall inform the data subject of the compelling legitimate grounds which apply in accordance with paragraph 1 or, if he does not do so, he shall no longer use or otherwise process the personal data concerned; where the objection is upheld pursuant to paragraph 2, the controller shall no longer use or otherwise process the personal data concerned.
.3a. Automated processing of personal data intended to evaluate certain personal aspects relating to a natural person shall not be based solely on the special categories of personal data referred to in Article 9.
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and conditions for suitable measures to safeguard the data subject's legitimate interests referred to in paragraph 2.
1. The controller shallmay adopt policies and implement appropriate measures to ensure and be able to demonstrate that the processing of personal data is performed in compliance with this Regulation.
2. The measures provided for in paragraph 1 shall in particular include:include, in the cases and in accordance with the rules set out in this chapter:
(e) designating a data protection officer pursuant to Article 35(1).), or the obligation and maintenance of certification in accordance with the certification policies defined by the Commission.
3. The controller shall implement mechanisms to ensure the verification of the effectiveness of the measures referred to in paragraphs 1 and 2. If proportionate, and a high level of risk exists, this verification shall be carried out by independent internal or external auditors.
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of specifying any further criteria and requirements for appropriate measures referred to in paragraph 1 other than those already referred to in paragraph 2, the conditions for the verification and auditing mechanisms referred to in paragraph 3 and as regards the criteria for proportionality under paragraph 3, and considering specific measures for micro, small and medium-sized-enterprises.
1. Having regard to the state of the art and the cost of implementation, the controller shall, both at the time of the determination of the means for processing and at the time of the processing itself, implement appropriate technical and organisational measures and procedures appropriate to the activities and their purposes, in such a way that the processing will meet the requirements of this Regulation and ensure the protection of the rights of the data subject.
2. The controller shall implement mechanisms for ensuring that, by default, only those personal data are processed which are necessary not excessive for each specific purpose of the processing and are especially not collected or retained beyond the minimum necessary for in proportion to those purposes, both in terms of the amount of the data and the time of their storage. In particular, those mechanisms shall ensure that by default personal data are not made accessible to an indefinite number of individuals.
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of specifying any further criteria and requirements for appropriate measures and mechanisms referred to in paragraph 1 and 2, in particular for data protection by design requirements applicable across sectors, products and services.
4. The Commission may lay down technical standards for the requirements laid down in paragraph 1 and 2. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 87(2).
Where a controller determines the purposes, conditions and means of the processing of personal data jointly with others, the joint controllers shall determine their respective responsibilities for compliance with the obligations under this Regulation, in particular as regards the procedures and mechanisms for exercising the rights of the data subject, by means of an arrangement between them. To ensure that data subjects may exercise their right to object to this arrangement, it must be documented and data subjects must have been notified in advance; otherwise, the above rights may be exercised in full in relation to any of the controllers, who shall be responsible for ensuring that the conditions laid down by law are fully complied with.
(b) an enterprise employing fewer than 250 persons, unless the processing carried out by that enterprise is considered high risk by the supervisory authorities, taking account of its characteristics, the type of data or the number of people affected; o
2. The carrying out of processing by a processor shall be governed by a contract or other legal act binding the processor to the controller , which shall be documented in a form of which a record can be kept, and stipulating in particular that the processor shall:
3. The controller and the processor shall document in writing the controller's instructions and the processor's obligations referred to in paragraph 2.
4. If a processor processes personal data other than as instructed by the controller, the processor shall be considered to be a controller in respect of that processing and shall be subject to the rules on joint controllers laid down in Article 24.; without prejudice to the responsibility which the controller may have occurred in relation to compliance with their obligations.
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for the responsibilities, duties and tasks in relation to a processor in line with paragraph 1, and conditions which allow facilitating the processing of personal data within a group of undertakings, in particular for the purposes of control and reporting.
1. Each controller and processor and, if any, the controller's representative, shall maintain documentation ensure that they are in a position duly to inform the authorities which so request of all processing operations under its responsibility.
2. The documentation 2. Enterprises or organisations which do not have a data protection officer or sufficient valid certification shall hold the statutory model documentation for all processing operations under their responsibility. That documentation shall contain at least the following information:
(b) the name and contact details of the data protection officer, if any;
(g) a general indication of the time limits for erasure of the different categories of data;, wherever possible;
4. The obligations referred to in paragraphs 1 and paragraph 2 shall not apply to the following controllers and processors:
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for the documentation referred to in paragraph 1, to take account of in particular the responsibilities of the controller and the processor and, if any, the controller's representative.
6. The Commission mayshall lay down standard forms for the documentation referred to in paragraph 12. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 87(2).
1. The controller and , where appropriate, the processor and, if any, the representative of the controller, shall co-operate, on request, with the supervisory authority in the performance of its duties, in particular by providing the information referred to in point (a) of Article 53(2) and by granting access as provided in point (b) of that paragraph.
2. In response to the supervisory authority's exercise of its powers under Article 53(2), the controller , either in person or through his representative, and the processor shall reply to the supervisory authority within a reasonable period to be specified by the supervisory authority. The reply shall include a description of the measures taken and the results achieved, in response to the remarks of the supervisory authority.
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and conditions for the technical and organisational measures referred to in paragraphs 1 and 2, including the determinations of what constitutes the state of the art, for specific sectors and in specific data processing situations, in particular taking account of developments in technology and solutions for privacy by design and data protection by default, unless paragraph 4 applies.
4. The Commission may adopt, where necessary, implementing acts for specifying the requirements laid down in paragraphs 1 and 2 to various situations, in particular to: a) prevent any unauthorised access to personal data; b) prevent any unauthorised disclosure, reading, copying, modification, erasure or removal of personal data; c) ensure the verification of the lawfulness of processing operations. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 87(2).
1. In the case of a personal data breach, the controller shall without undue delay and, where feasible, not later than 24 hours after having become aware of it, such as to constitute a serious risk to personal data privacy, the controller shall without undue delay 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.
2. Pursuant to point (f) of Article 26(2), the processor shall alert and inform the controller immediately after the establishment of a personal data breach. as referred to in paragraph 1.
3. The notification referred to in paragraph 1 must at least: (a) describe the nature of the personal data breach including the categories and number of data subjects concerned and the categories and number of data records concerned; (b) communicate the identity and contact details of the data protection officer or other contact point where more information can be obtained; (c) recommend measures to mitigate the possible adverse effects of the personal data breach; (d) describe the consequences of the personal data breach; (e) describe the measures proposed or taken by the controller to address the personal data breach.must contain the details necessary to enable the supervisory authority to assess the gravity of the incidents and their consequences and, if necessary, recommend that action be taken.
4. The controller shall document any personal data breaches referred to in paragraph 1 of this article, comprising the facts surrounding the breach, its effects and the remedial action taken. This documentation must enable the supervisory authority to verify compliance with this Article. The documentation shall only include the information necessary for that purpose.Without prejudice to the above, the controller or, where appropriate, the processor, shall keep records of previous breaches and their consequences not referred to in paragraph 1 but relating to the use of personal data, and make them available to the supervisory authorities which may wish to receive copies thereof on a regular basis.
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for establishing the data breach referred to in paragraphs 1 and 2 and for the particular circumstances in which a controller and a processor is required to notify the personal data breach.
6. The Commission may lay down the standard format of such notification notifications to the supervisory authority, the procedures applicable to the notification requirement and the form and the modalities for the documentation referred to in paragraph 4, including the time limits for erasure of the information contained thereinin accordance with paragraph 3, and of the register of breaches and their consequences. Those implementing acts shall be adopted in accordance with the examination procedure set outreferred to in Article 87(2).
Those concerned shall not be notified in cases where this could clearly obstruct current investigations or hinder or delay measures to resolve the security breach. More detailed provision for such eventualities may be made under EU law and Member State legislation, the objective being at all times to uphold the public interest and comply with the spirit of data protection law.
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements as to the circumstances in which a personal data breach is likely to adversely affect the personal data referred to in paragraph 1.
6. The Commission may lay down the format of the communication to the data subject referred to in paragraph 1 and the procedures applicable to that communication, with a particular focus on cases affecting large numbers of people. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 87(2).
1. Where processing operations present specific risks to the rights and freedoms of data subjects by virtue of their nature, their scope or their purposes, the controller or the processor acting on the controller's behalf , if they have not recruited a data protection officer for their organisation or obtained adequate and valid certification for the processing of high-risk data, shall carry out an assessment of the impact of the envisaged processing operations on the protection of personal data.
6. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and conditions for the processing operations likely to present specific risks referred to in paragraphs 1 and 2 and the requirements for the assessment referred to in paragraph 3, including conditions for scalability, verification and auditability. In doing so, the Commission shall consider specific measures for micro, small and medium- sized enterprises.
1. The controller or the processor as the case may be shall , if they have not recruited a data protection officer for their organisation or obtained or adequate and valid certification for the processing of high-risk data, obtain an authorisation from the supervisory authority prior to the processing of personal data, in order to ensure the compliance of the intended processing with this Regulation and in particular to mitigate the risks involved for the data subjects where a controller or processor adopts contractual clauses as provided for in point (d) of Article 42(2) or does not provide for the appropriate safeguards in a legally binding instrument as referred to in Article 42(5) for the transfer of personal data to a third country or an international organisation.
2. The controller or processor acting on the controller's behalf shall , if they have not recruited a data protection officer for their organisation or obtained or adequate and valid certification for the processing of high-risk data, consult the supervisory authority prior to the processing of personal data in order to ensure the compliance of the intended processing with this Regulation and in particular to mitigate the risks involved for the data subjects where:
7. Member States shall consult the supervisory authority in the preparation of a legislative measure to be adopted by the national parliament or of a measure based on such a legislative measure, which defines the nature of the processing, in order to ensure the compliance of the intended processing with this Regulation and in particular to mitigate the risks involved for the data subjects.
1. The controller and the processor shallmay designate a data protection officer in any case where:
(a) the processing is carried out by a public authority or body; o
(b) the processing is carried out by an enterprise employing 250 persons or more; o
(c) the core activities of the controller or the processor consist of processing operations which, by virtue of their nature, their scope and/or their purposes, require regular and systematic monitoring of data subjects.
2. In the case referred to in point (b) of paragraph 1, a 2. A group of undertakings may appoint a single data protection officer.
4. In cases other than those referred to in paragraph 1, the 4. The controller or processor or associations and other bodies representing categories of controllers or processors may designate a data protection officer.
5. The controller or processor shall designate the data protection officer on the basis of professional qualities and, in particular, expert knowledge of data protection law and practices and ability to fulfil the tasks referred to in Article 37, in accordance with strict professional standards. The necessary level of expert knowledge shall be determined in particular according to the data processing carried out and the protection required for the personal data processed by the controller or the processor.
7. The controller or the processor shall designate a data protection officer for a period of at least two years. The data protection officer may be reappointed for further terms. 7. During their term of office, the data protection officer may only be dismissed, if the data protection officer no longer fulfils the conditions required for the performance of their duties. or for serious failure in this connection.
11. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for the core activities of the controller or the processor referred to in point (c) of paragraph 1 and the criteria for the professional qualities of the data protection officer referred to in paragraph 5.
2. The controller or processor shall ensure that the data protection officer performs the duties and tasks independently and does not receive any instructions as regards the exercise of the functionin accordance with the provisions of this Regulation, and may not be given instructions affecting the functions specifically relating to his post. The data protection officer shall directly report to the management of the controller or the processor.
3. The controller or the processor shall support the data protection officer in performing the tasks and , when necessary, shall provide staff, premises, equipment and any other resources necessaryrequired to carry out the duties and tasks referred to in Article 37.
(a) to inform and advise the controller or the processor of their obligations pursuant to this Regulation and to document this activity and the responses received;;
(d) to ensure that the documentation referred to in Article 28 is maintained;
(f) to monitor the performance of the data protection impact assessment by the controller or processor and the application for prior authorisation or prior consultation, if required pursuant Articles 33 and 34;
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for tasks, certification, status, powers and resourcesthe certification and status of the data protection officer referred to in paragraph 1.officer.
1. The Member States, the supervisory authorities and the Commission shall encourage participation in the drawing up of codes of conduct intended to contribute to the proper application of this Regulation, taking account of the specific features of the various data processing sectors, in particular in relation to:
4. The Commission may adopt implementing acts for deciding that the codes of conduct and amendments or extensions to existing codes of conduct submitted to it pursuant to paragraph 3 have general validity within the Union. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 87(2).
5. The Commission shall ensure appropriate publicity for the codes which have been decided as having general validity in accordance with paragraph 4.
1. The Member States and the Commission shall encourage, in particular at European level, the establishment of data protection certification mechanismspolicies and of data protection seals and marks, allowing data subjects to quickly assess the level of data protection provided by controllers and processors. The data protection certifications mechanismscertification policies shall contribute to the proper application of this Regulation, and to achieving the actions and benefits mentioned therein, taking account of the specific features of the various sectors and different processing operations. Certification policies at Union level shall be designed by the European Data Protection Board with the involvement of other stakeholders, and shall be officially approved by the Commission. These policies shall not just be aimed at the institutions but especially at operators in the field. The certification policies shall address the specific needs of actors in different sectors of activity, with particular regard to the needs of micro, small and medium- sized enterprises, and to the key aspect of cost containment so that they can become an effective instrument. The acquisition, renewal and loss of certificates will involve the consequences laid down throughout this Directive.
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for the data protection certification mechanisms referred to in paragraph 1, including conditions for granting and withdrawal,, withdrawal and cancellation and requirements for recognition within the Union and in third countries.
1. A transfer may take place where the Commission has decided that the third country, or a territory or a processing sector within that third country, or the international organisation in question ensures an adequate level of protection. Such transfer shall not require any further authorisation.specific authorisation.
(a) the level of penetration and consolidation of the rule of law, relevant legislation in force, both general and sectoral, including concerning public security, defence, national security and criminal law, the professional rules and security measures which are complied with in the field of the protection of personal data in that country or by that international organisation, as well as effective and enforceable rights including effective administrative and judicial redress for data subjectsaccess to justice and the effectiveness and enforceability of rights, including the right to action and redress in both administrative and judicial matters, in particular for those data subjects residing in the Union whose personal data are being transferred;
6. Where the Commission decides pursuant to paragraph 5, any transfer of personal data to the third country, or a territory or a processing sector within that third country, or the international organisation in question shall be prohibited, without prejudice to restricted under the terms of Articles 42 to 44. At the appropriate time, the Commission shall enter into consultations with the third country or international organisation with a view to remedying the situation resulting from the Decision made pursuant to paragraph 5 of this Article.
  Comment: Intention unclear. Discuss this Rating
(d) contractual clauses between the controller or processor and the recipient of the data authorised by a supervisory authority in accordance with paragraph 4.
4. Where a transfer is based on contractual clauses as referred to in point (d) of paragraph 2 of this Article and no data protection officer has been designated or no sufficient or applicable official certification is available, the controller or processor shall obtain prior authorisation of the contractual clauses according to point (a) of Article 34(1) from the supervisory authority. If the transfer is related to processing activities which concern data subjects in another Member State or other Member States, or substantially affect the free movement of personal data within the Union, the supervisory authority shall apply the consistency mechanism referred to in Article 57.
5. Where the appropriate safeguards with respect to the protection of personal data are not provided for in a legally binding instrument and no data protection officer has been designated and no sufficient or applicable official certification is available, the controller or processor shall obtain prior authorisation for the transfer, or a set of transfers, or for provisions to be inserted into administrative arrangements providing the basis for such transfer. Such authorisation by the supervisory authority shall be in accordance with point (a) of Article 34(1). If the transfer is related to processing activities which concern data subjects in another Member State or other Member States, or substantially affect the free movement of personal data within the Union, the supervisory authority shall apply the consistency mechanism referred to in Article 57. Authorisations by a supervisory authority on the basis of Article 26(2) of Directive 95/46/EC shall remain valid, until amended, replaced or repealed by that supervisory authority.
4. The Commission may specify the format and procedures for the exchange of information by electronic means between controllers, processors and supervisory authorities for binding corporate rules within the meaning of this Article. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 87(2).
(e) the transfer is necessary for the establishment, exercise or defence of legal claims; oor administrative claims;
6. The controller or processor shall document the assessment as well as the appropriate safeguards adduced referred to in point (h) of paragraph 1 of this Article in the documentation referred to in Article 28 and , and where appropriate in accordance with that rule, and shall inform the supervisory authority of the transfer.
7. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying 'important grounds of public interest' within the meaning of point (d) of paragraph 1 as well as the criteria and requirements for appropriate safeguards referred to in point (h) of paragraph 1.
2. For the purposes of paragraph 1, the Commission shall take appropriate steps to advance the relationship with third countries or international organisations, and in particular their supervisory authorities, where the Commission has decided that they ensure an adequate level of protection within the meaning of Article 41(3).(a) and (b), the supervisory authorities shall be able to exchange information and cooperate in activities related to the exercise of their powers and defence of the rights regulated in this Regulation.
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Article 45a Cooperation may take place provided that: (a) the competent authorities of third countries have competence for the protection of personal data in the context of matters of which they possess knowledge in accordance with existing legislation; (b) working arrangements based on reciprocity have been agreed between the competent authorities concerned; (c) the transfer of personal data to the third country is in accordance with Chapter V of this Directive.
Article 45b The working arrangements referred to in paragraph 3(b) shall ensure that: (a) justification as to the purpose of the request for cooperation is provided by the competent authorities; (b) the persons employed or formerly employed by the competent authorities of the third country that receive the information are subject to obligations of professional secrecy; (c) the competent authorities of the third country may use the results of cooperation only for the exercise of functions relating to the protection of personal data; (d) in the event of the competent authority of the third country intending to transfer the information received by means of cooperation to a third party, prior, specific and written consent must be obtained from the authority which provided the information, unless such transfer is required by national law or ordered by a court of law and constitutes a necessary measure to safeguard relevant public interests relating to: (i) the prevention, investigation or prosecution of criminal offences; (ii) the monitoring, inspection or regulation connected, even occasionally, with the exercise of official authority within the scope of the agreement. In such cases, prior notice shall be given to the authority that provided the information; (e) the appropriate technical and organisational security measures are adopted to protect personal data against accidental or unlawful destruction, accidental loss, alteration, unauthorised disclosure or access, and against all other unlawful forms of processing personal data; (f) the request for cooperation from the competent authority of the third country should be refused: (i) where it would adversely affect the sovereignty, security or public order of the Community or of the requested Member State, or (ii) where judicial proceedings have already been initiated in respect of the same actions and against the same persons before the authorities of the requested Member State.
  Comment: Intention unclear. Discuss this Rating
Article 45c Member States shall communicate to the Commission the working arrangements referred to in paragraphs 3 and 4.
Article 45d For the purposes of paragraph 1, the Commission shall take appropriate steps to advance the relationship with third countries or international organisations, and in particular their supervisory authorities, where the Commission has decided that they ensure an adequate level of protection within the meaning of Article 41(3).
1. The supervisory authorityauthorities shall act with complete independence in exercising the duties and powers entrusted to it.them.
2. The members of the supervisory authorityauthorities shall, in the performance of their duties, neither seek nor take instructions from anybody.
3. Members of the supervisory authorityauthorities shall refrain from any action incompatible with their duties and shall not, during their term of office, engage in any incompatible occupation, whether gainful or not.
4. Members of the supervisory authorityauthorities shall behave, after their term of office, with integrity and discretion as regards the acceptance of appointments and benefits.
5. Each Member State shall , in line with its internal distribution of competencies, ensure that the supervisory authority isauthorities are provided with the adequate human, technical and financial resources, premises and infrastructure necessary for the effective performance of its duties and powers, including those to be carried out in the context of mutual assistance, co- operation and participation in the European Data Protection Board.
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6. Each Member State shall , in line with its internal distribution of competencies, ensure that the supervisory authority has itsauthorities have their own staff which shall be appointed by and be subject to the direction of the head of the supervisory authority.
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7. Member States shall , in line with their internal distribution of competencies, ensure that the supervisory authority isauthorities are subject to financial control which shall not affect itstheir independence. Member States shall , in line with their internal distribution of competencies, ensure that the supervisory authority hasauthorities have separate annual budgets. The budgets shall be made public.
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1. Member States shall provide that the members of the supervisory authority or authorities must be appointed either by the parliamentparliaments or the government bodies of the Member State concerned.
3. The duties of a member shall end in the event of the expiry of the term of office, resignation or compulsory retirement in accordance with paragraph 5. or in the event of incapacity to hold office, incompatibility, resignation, dismissal, final conviction of an intentional crime or compulsory retirement.
4. A member may be dismissed or deprived of the right to a pension or other benefits in its stead his appointment terminated by the competent national courtbody which appointed him, if the member no longer fulfils the conditions required for the performance of the duties or is guilty of serious misconduct.failure to discharge the obligations relating to his office.
  Comment: Two sided. Less reasons to dismiss lead to more independence, but the appointing bodies are more political than courts. Discuss this Rating
(a) the establishment and status of the supervisory authority; or authorities;
(b) the qualifications, experience and skills required to perform the duties of the members of the supervisory authority;authorities;
(c) the rules and procedures for the appointment of the members of the supervisory authorityauthorities, as well as the rules on actions or occupations incompatible with the duties of the office;
(d) the duration of the term of the members of the supervisory authorityauthorities which shall be no less than four years, except for the first appointment after entry into force of this Regulation, part of which may take place for a shorter period where this is necessary to protect the independence of the supervisory authorityauthorities by means of a staggered appointment procedure;
(e) whether the members of the supervisory authorityauthorities shall be eligible for reappointment;
(f) the regulations and common conditions governing the duties of the members and staff of the supervisory authority;authorities;
The members and the staff of the supervisory authorityauthorities shall be subject, both during and after their term of office, to a duty of professional secrecy with regard to any confidential information which has come to their knowledge in the course of the performance of their official duties.
2. Where the processing of personal data takes place in the context of the activities of an establishment of a controller or a processor in the Union, and the controller or processor is established in more than one Member State, the supervisory authority of the main establishment of the controller or processor shall be competent for the supervision of the processing activities of the controller or the processor in all Member States, except with regard to decisions in response to the complaints referred to in Article 73, in which case it shall coordinate the actions of the supervisory authorities concerned, without prejudice to the provisions of Chapter VII of this Regulation.
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(d) conduct investigations either on its own initiative or , on the basis of a complaint or , on request of another supervisory authority or following a police complaint, and inform the data subject concerned, if the data subject has addressed a complaint to this supervisory authority, of the outcome of the investigations within a reasonable period;
(ja) coordinate certification policies in the territory for which it is responsible, in accordance with the provisions of Article 39.
(ja) to carry out audits or draw up audit plans on personal data protection
Each supervisory authority must draw up an annual report on its activities. The report shall be presented to the nationalrespective parliament and /or to the other authorities stipulated in the relevant national legislation and shall be made be available to the public, the Commission and the European Data Protection Board.
2. Each supervisory authority shall take all appropriate measures required to reply to the request of another supervisory authority without delay and no later than one month15 days after having received the request. Such measures may include, in particular, the transmission of relevant information on the course of an investigation or enforcement measures to bring about the cessation or prohibition of processing operations contrary to this Regulation.
8. Where a supervisory authority does not act within one month15 days on request of another supervisory authority, the requesting supervisory authorities shall be competent to take a provisional measure on the territory of its Member State in accordance with Article 51(1) and shall submit the matter to the European Data Protection Board in accordance with the procedure referred to in Article 57.
5. Where a supervisory authority does not comply within one month15 days with the obligation laid down in paragraph 2, the other supervisory authorities shall be competent to take a provisional measure on the territory of its Member State in accordance with Article 51(1).
7. The European Data Protection Board shall issue an opinion on the matter, if the European Data Protection Board so decides by simple majority of its members or any supervisory authority or the Commission so requests within one week after the relevant information has been provided according to paragraph 5. The opinion shall be adopted within one month by simple majority of the members of the European Data Protection Board. The chair of the European Data Protection Board shall inform, without undue delay, the supervisory authority referred to, as the case may be, in paragraphs 1 and 3, the Commission and the supervisory authority competent under Article 51 of the opinion and make it public.
1. Within ten weeks after a matter has been raised under Article 58, or at the latest within six weeks in the case of Article 61, the Commission may adopt, in order to ensure correct and consistent application of this Regulation, an opinion in relation to matters raised pursuant to Articles 58 or 61.
2. Where the Commission has adopted an opinion in accordance with paragraph 1, the supervisory authority concerned shall take utmost account of the Commission’s opinion and inform the Commission and the European Data Protection Board whether it intends to maintain or amend its draft measure.
3. During the period referred to in paragraph 1, the draft measure shall not be adopted by the supervisory authority.
4. Where the supervisory authority concerned intends not to follow the opinion of the Commission, it shall inform the Commission and the European Data Protection Board thereof within the period referred to in paragraph 1 and provide a justification. In this case the draft measure shall not be adopted for one further month.
1. Within one month after the communication referred to in Article 59(4), and where the Commission has serious doubts as to whether the draft measure would ensure the correct application of this Regulation or would otherwise result in its inconsistent application, the Commission may adopt a reasoned decision requiring the supervisory authority to suspend the adoption of the draft measure, taking into account the opinion issued by the European Data Protection Board pursuant to Article 58(7) or Article 61(2), where it appears necessary in order to: a) reconcile the diverging positions of the supervisory authority and the European Data Protection Board, if this still appears to be possible; o b) adopt a measure pursuant to point (a) of Article 62(1). 2. The Commission shall specify the duration of the suspension which shall not exceed 12 months. 3. During the period referred to in paragraph 2, the supervisory authority may not adopt the draft measure.
(a) deciding on the correct application of this Regulation in accordance with its objectives and requirements in relation to matters communicated by supervisory authorities pursuant to Article 58 or 61, concerning a matter in relation to which a reasoned decision has been adopted pursuant to Article 60(1), or concerning a matter in relation to which a supervisory authority does not submit a draft measure and that supervisory authority has indicated that it does not intend to follow the opinion of the Commission adopted pursuant to Article 59;
(b) deciding, within the period referred to in Article 59(1), whether it declares draft standard data protection clauses referred to in point (d) of Article 58(2), as having general validity;
2. On duly justified imperative grounds of urgency relating to the interests of data subjects in the cases referred to in point (a) of paragraph 1, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 87(3). Those acts shall remain in force for a period not exceeding 12 months.
(ga) propose the concepts on which European certification policy should be based, monitor and assess implementation, and submit its conclusions to the Commission.
1. The European Data Protection Board shall elect a chair and two deputy chairpersons from amongst its members. One deputy chairperson shall be the European Data Protection Supervisor, unless he or she has been elected chair.
1. The European Data Protection Board shall have a secretariat. The European Data Protection Supervisor shall provide Commission shall provide the Council with the means necessary to run that secretariat.
1. Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority in anytheir Member State of residence if they consider that the processing of personal data relating to them does not comply with this Regulation., or that the rights accorded to them under the regulation have not been fully respected.
2. Any body, organisation or association which aims to protect data subjects’ rights and interests concerning the protection of their personal data and has been properly constituted according to the law of a Member State shall have the right to may lodge a complaint with a supervisory authority in anythat Member State on behalf of one or more data subjects if it considers that a data subject’s rights under this Regulation have been infringed as a result of the processing of personal data.for an alleged breach of this Regulation. The rights bestowed on it under this Regulation also empower it to act on behalf of one or more data subjects resident in that Member State, provided it has sufficient power of attorney to do so.
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.
1. Each natural or legal person shall have the right to a judicial remedytake legal action against decisions of a supervisory authority concerning them. or affecting them in any way.
2. Each data subject shall have the right to a judicial remedy obliging the supervisory authority to act on 2. If the supervisory authority has not informed the data subject of the status of a complaint in the absence of a decision necessary to protect their rights, or where the supervisory authority does not inform the data subject within three months on the progress or outcome of the complaint pursuant to point (b) of Article 52(1).within three months of its being lodged, the complaint will be deemed to have been rejected. The complaint will also be deemed to have been rejected if the supervisory authority has not definitively resolved it within six months.
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.
1. Without prejudice to any available administrative remedy, including the right to lodge a complaintpursue legal action with a supervisory authority as referred to in Article 73, every natural person shall have the right to a judicial remedy if they consider that their rights under this Regulation have been infringed as a result of the processing of their personal data in non-compliance with this Regulation..
3. Where proceedings are pending in the consistency mechanism referred to in Article 58, which concern the same measure, decision or practice, a court may suspend the proceedings brought before it, at the request of one of the parties, and after having heard all of the parties, except where the urgency of the matter for the protection of the data subject's rights does not allow to wait for the outcome of the procedure in the consistency mechanism.
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. if it has been granted the requisite powers to do so.
3. Where a competent court of a Member State has reasonable grounds to believe that parallel proceedings are being conducted in another Member State, it shall contact the competent court in the other Member State to confirm the existence of such parallel proceedings.
4. Where such parallel proceedings in another Member State concern the same measure, decision or practice, the court may suspend the proceedings.
2. Where the controller has established a representative, any penalties shall be applied to the representative in this specific capacity and the representative shall be required to comply with them, without prejudice to any penalties which could be initiated against the controller.
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7a. The Commission shall compile an electronic record of previous instances accessible to all national supervisory authorities. The Commission shall be empowered to adopt delegated acts pursuant to Article 86 for the purpose of managing the electronic record of previous instances in accordance with this article.
2. The administrative sanction shall be in each individual case effective, proportionate and dissuasive. The amount of the administrative fine shall be fixed with due regard to the nature, gravity and duration of the breach, the intentional or negligent character of the infringementcharacter of the infringement or the type of negligence leading to it, the degree of responsibility of the natural or legal person and of previous breaches by this person, the technical and organisational measures and procedures implemented pursuant to Article 23 and the degree of co-operation with the supervisory authority in order to remedy the breach., as well as the true economic situation of those penalised.
3. In case of a first and non-intentional non-compliance with this Regulation, in the absence of any record of previous unappealable instances or where the record has been expunged, a warning in writing may be given and , in such an instance, no sanction imposed, where:with the sole exception of alternative corrective measures, which may only be imposed in the following cases and in the following form, where:
(b) an enterprise or an organisation employing fewer than 250 persons is processing personal data only as an activity ancillary to its main activities.is willing to cooperate with the supervisory authority for the introduction of corrective measures designed to avoid similar cases of non-compliance in future. Cooperation in this area shall be governed by binding agreements with the supervisory authority. Failure to collaborate with the duly accredited supervisory authority within six months from the beginning of the proceedings shall incur the fine which would originally have been imposed.
(ba) public administrations shall collaborate with supervisory authorities to establish ways of avoiding similar infringements in future. Collaboration in this area shall be determined on the basis of the agreements or decisions adopted by the administration concerned, which shall be referred to at the outset with regard to the measures taken. Failure to collaborate with the duly accredited supervisory authority within one year from the beginning of the proceedings shall incur the fine which would originally have been imposed.
5. The supervisory authority shall impose a fine up to 500 000 EUR or, in case of an enterprise, up to 1 % of its average annual worldwide turnover,profits to anyone who, intentionally or negligently:
(a) does not provide the information, or does provide manifestly incomplete information, or does not provide the information in a sufficiently transparent manner, to the data subject pursuant to Article 11, Article 12(3) and Article 14;
(c) does not comply with a request concerning the right to be forgotten or to erasure, or fails to put mechanisms in place to ensure that the time limits are observed or does not take all necessary steps to inform third parties that a data subjects requests to erase any links to, or copy or replication of the personal data pursuant Article 17;erasure in accordance with the provisions of this Regulation.
(d) does not provide a copy of the personal data in electronic format or for no legitimate reason hinders the data subject to transmit the personal data to another application in violation of Article 18;
(f) does not or not sufficiently maintain the documentation pursuant to Article 28, Article 31(4), and Article 44(3);report or ensure that it is able to report to the supervisory authority where required to do so and in the manner stipulated in this Regulation, except in the case of serious misconduct under the terms of this Regulation or the implementing legislation of the Member States;
6. The supervisory authority shall impose a fine up to 1 000 000 EUR or, in case of an enterprise, up to 2 % of its average annual worldwide turnover,profits to anyone who, intentionally or negligently:
(c) does not comply with an objection or the requirement pursuant to Article 19; unless duly justified by real and legitimate grounds or reasons in accordance with this Regulation;
(d) does not comply with the conditions in relation to measures based on profiling pursuant to Article 20;
(e) does not adopt internal policies or does not implement appropriate measures for ensuring and demonstrating compliance pursuant to Articles 22, 23 and 30;
(h) does not alert on or notify a personal data breach or does not timely or completely notify the data breach to the supervisory authority or to the data subject where mandatory pursuant to Articles 31 and 32;
(i) does not carry out a data protection impact assessment pursuant or processes personal data without prior authorisation or prior consultation of the supervisory authority where mandatory pursuant to Articles 33 and 34;
(j) does not designate a data protection officer or does not ensure the conditions for fulfilling ensure that the conditions are met to enable the Data Protection Officer to carry out the tasks pursuant to Articles 35, 36 and 37;
(k) misuses a data protection seal or mark, mark or certification in the meaning of Article 39;
6a. For the purpose of this article, the record of previous unappealable sanctions for infringements through negligence shall be expunged within the following periods: (a) two years if the sanctions are accompanied by any of the fines specified under paragraph 4; (b) four years if the sanctions are accompanied by any of the fines specified under paragraph 5; (c) six years if the sanctions are accompanied by any of the fines specified under paragraph 6.
6b. For the purpose of this article, the record of previous unappealable sanctions for infringements committed through serious negligence or with intent shall be expunged within the following periods: (a) five years if the sanctions are accompanied by any of the fines specified under paragraph 4; (b) ten years if the sanctions are accompanied by any of the fines specified under paragraph 5; (c) fifteen years if the sanctions are accompanied by any of the fines specified under paragraph 6.
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying other reasons of public interest in the area of public health as referred to in point (b) of paragraph 1, as well as criteria and requirements for the safeguards for the processing of personal data for the purposes referred to in paragraph 1.Deleted
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for the safeguards for the processing of personal data for the purposes referred to in paragraph 1.Deleted
1. Within the limits of this Regulation, personal data may be processed for historical, statistical or scientific research purposes , or for the purposes of a preliminary official or administrative investigation to determine biological parentage, only if:
(b) data enabling the attribution of information to an identified or identifiable data subject is kept separately from the other information as long as these purposes can be fulfilled in this manner. The personal data being processed in the context of a preliminary official or administrative investigation to determine biological parentage shall only be communicated to data subjects when appropriate and without prejudice to the lodging of a criminal complaint if legal provision is made therefor.
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3. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for the processing of personal data for the purposes referred to in paragraph 1 and 2 as well as any necessary limitations on the rights of information to and access by the data subject and detailing the conditions and safeguards for the rights of the data subject under these circumstances.Deleted
1. Where in a Member State, churches and religious associations or communities apply, at the time of entry into force of this Regulation, comprehensive rules relating to the protection of individuals with regard to the processing of personal data, such rules may continue to apply and may if necessary be amended, provided that they are brought in line with the provisions of this Regulation.
2. Churches and religious associations which apply comprehensive rules in accordance with paragraph 1 shall provide for the establishment of an independent supervisory authority in accordance with Chapter VI of this Regulation. or alternatively obtain the certification necessary for the procedures required under Article 39.