Sweden EPP

Anna Maria Corazza Bildt

Country: Sweden
Group: European People's Party (EPP)
Party: Moderata Samlingspartiet (M)

Member of Internal Market and Consumer Protection
Substitute of Civil Liberties, Justice and Home Affairs

Overview Anna Maria Corazza Bildt

Amendments: 24
...stronger: 6
...weaker: 13
...neutral: 5

Amendments by Anna Maria Corazza Bildt

(6) These developments require building a strong and more coherent data protection framework in the Union, backed by strong enforcement, given the importance to create the trust that will allow the digital economy to develop across the internal market. Individuals should have control of their own personal data and legal and practical certainty for individuals, economic operators and public authorities should be reinforced. At the same time data protection rules should not undermine competitiveness, innovation and new technology.
 
(15) This Regulation should not apply to processing of personal data by a natural person, which are exclusively personal or domestic, such as correspondence , independently by the medium used, and the holding of addresses, and without any gainful interest and thus without any connection with a professional or commercial activity. The exemption nature of data processed, the purpose of the processing and the number of people to whom it is made available should be considered in order to determine whether the processing falls under this exemption, also taking into account the technological developments and new media. The exemption should also not apply to controllers or processors which provide the means for processing personal data for such personal or domestic activities.
 
(18) This Regulation allows the principle of public access to official documents to be taken into account when applying the provisions set out in this Regulation. Personal data in documents held by a public authority or a public body may be disclosed by this authority or body in accordance with Union or Member State law regarding public access to documents, in order to reconcile the protection of personal data with the principle of public access to official documents.
 
(23a) This regulation recognises that pseudonymisation is in the benefit of all data subjects as, by definition, personal data is altered so that it of itself cannot be attributed to a data subject without the use additional data. By this, controllers should be encouraged to the practice of pseudonymising data.
  Comment: Overall the concept of "pseudonymisation" leads to less rights for users, even though such data is still "personal data".
(25) Consent should be given explicitlyunambiguously by any appropriate method enabling a freely given specific and informed indication of the data subject’s wishes, either by a statement or by a clear affirmative action by the data subject, ensuring that individuals are aware that they give their consent to the processing of personal data, including by ticking a box when visiting an Internet website or by any other statement or conduct which clearly indicates in this context the data subject’s acceptance of the proposed processing of their personal data. Silence or inactivity should therefore not constitute consent. Consent should cover all processing activities carried out for the same purpose or purposes. If the data subject’s consent is to be given following an electronic request, the request must be clear, concise and not unnecessarily disruptive to the use of the service for which it is provided. The information provided in order for children to express the consent should be given in a clear and age-appropriate language, in a way that it would be easy to understand for a child above the age of 13.
 
(25) Consent should be given explicitlyunambiguously by any appropriate method within the context of the product or the service being offered enabling a freely given specific and informed indication of the data subject’s wishes, either by a statement or by a clear affirmative action by the data subject, ensuring that individuals are aware that they give their consent to the processing of personal data, including by ticking a box when visiting an Internet website or by any other statement or conduct which clearly indicates in this context the data subject’s acceptance of the proposed processing of their personal data. Silence or inactivity should therefore not constitute consent. This nevertheless leaves the provisions of 2002/58/EC untouched which state that under certain circumstances consent can be expressed via appropriate settings in the user’s device. Consent should cover all processing activities carried out for the same purpose or purposes. If the data subject’s consent is to be given following an electronic request, the request must be clear, concise and not unnecessarily disruptive to the use of the service for which it is provided.
 
(29) Children deserve specific protection of their personal data, as they may be less aware of risks, consequences, safeguards and their rights in relation to the processing of personal data and they are also vulnerable consumers. To determine when an individual is a child, this Regulation should take over the definition laid down by the UN Convention on the Rights of the Child. In particular, child-friendly language should be used to ensure the right of consent for children above the age of 13.
 
(29) Children deserve specific protection of their personal data, as they may be less aware of risks, consequences, safeguards and their rights in relation to the processing of personal data. To determine when Such protection is particularly important in the context of social networks. For the purpose of this regulation a child should be defined as an individual is under the age of 18. Where data processing is based on the data subject’s consent in relation to the offering of information society services directly to a child, this Regulation should take over the definition laid down by the UN Convention on the Rights of the Child.the regulation should differentiate between children above the age of 13 and children under the age of 13 who require a higher level of protection to the extent that consent is given or authorised by the child’s parent or custodian.
 
(61a) It is important to engage in a structured dialogue with the industry in order to implement this Regulation. The industry should take its shared responsibility to come up with innovative solutions, products and services in order to increase the safeguards on protection of personal data, in particular for children, for example through codes of conducts and monitoring mechanisms. Self-regulatory efforts do not exempt the industry from applying this Regulation.
  Comment: Intention unclar
(121) The processing of personal data solely for journalistic purposes, or for the purposes of artistic or literary expression should qualify for exemption from the requirements of certain provisions of this Regulation in order to reconcile the right to the protection of personal data with the right to freedom of expression, and notably the right to receive and impart information, as guaranteed in particular by Article 11 of the Charter of Fundamental Rights of the European Union. This should apply in particular to processing of personal data in the audiovisual field and in news archives and press libraries. Therefore, Member States should adopt legislative measures, which should lay down exemptions and derogations which are necessary for the purpose of balancing these fundamental rights. Such exemptions and derogations should be adopted by the Member States on general principles, on the rights of the data subject, on controller and processor, on the transfer of data to third countries or international organisations, on the independent supervisory authorities and on co-operation and consistency. This should not, however, lead Member States to lay down exemptions from the other provisions of this Regulation. In order to take account of the importance of the right to freedom of expression in every democratic society, it is necessary to interpret notions relating to that freedom, such as journalism, broadly. Therefore, Member States should classify activities as ‘journalistic’ for the purpose of the exemptions and derogations to be laid down under this Regulation if the object of these activities is the disclosure to the public of information, opinions or ideas, irrespective of the medium which is used to transmit them. They should not be limited to media undertakings and may be undertaken for profit-making or for non- profit making purposes. and take into account technological development and new digital media;
 
(2a) ‘pseudonymous data’ means any personal data that has been collected, altered or otherwise processed so that it of itself cannot be attributed to a data subject without the use of additional data which is subject to separate and distinct technical and organisational controls to ensure such non attribution, or that such attribution would require a disproportionate amount of time, expense and effort;
  Comment: Dependent on the attached consequences, but exceptions for pseudonymous data are always leading to less protection.
(2b) ‘anonymous data’ means any personal data that has been collected, altered or otherwise processed in such a way that it can no longer be attributed to a data subject; anonymous data shall not be considered personal data;
 
(8) ‘the data subject’s consent’ means any freely given specific, informed and explicitunambiguous 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; Silence or inactivity does not in itself indicate acceptance;
 
2a. Processing of pseudonymised data to safeguard the legitimate interests pursued by a controller shall be lawful, 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.
 
1a. The information provided in order to express the consent should be given in a clear and age-appropriate language, in a way that would be easy to understand for the child above the age of 13 years.
 
1b. The methods to obtain meaningful consent shall not lead to additional processing of personal data of the child concerned.
 
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.
 
1. Where personal data relating to a data subject are collected, the controller shall provide the data subject with at least the following information:. The following paragraphs do not apply to small enterprises in the course of their own activity and for data which is strictly and exclusively for their internal use.
 
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 communication todata 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 which were provided by the data subject itself and that undergoing processing in an electronic and structured format which is commonly used and allows for further use by the data subject of the content of the personal data referred to in point (g) of paragraph 1.. This right shall not restrict rights of others as trade secrets or intellectual property rights. This does not apply on the processing of anonymised and pseudonymised data, insofar as the data subject is not sufficiently identifiable on the basis of such data or identification would require the controller to undo the process of pseudonymisation.
 
Article 18 Right to data portability 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. 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. 3. The Commission may specify the electronic format referred to in paragraph 1 and the technical standards, modalities and procedures for the transmission of personal data pursuant to paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
 
2. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object free of charge to the processing of their personal data for such marketing. This right shall be explicitly offered to the data subject in an intelligible manner and shall be clearly distinguishable from other information. This right shall include a right to object to the collection and use of personal data obtained through online tracking of the data subject's preferences and behaviour across websites. Where a data subject expresses this right to object through technical means, such as a browser setting, controllers and processors shall respect such objection, consistent with technical industry standards, and must obtain the consent of the data subject to process personal data derived from online tracking for marketing purposes. Consent to online tracking shall enable persistent online tracking across all websites unless such consent is subsequently revoked by the data subject.
 
3a. In any case, children should not be subject to measures of profiling, as referred to in paragraph 1.
 
1. Member States shall provide for exemptions or derogations from the provisions on the general principles in 1. Chapter II, the rights of the data subject in Chapter III, on controller and processor in Chapter IV, on the transfer of personal data to third countries and international organisations in Chapter V, the independent supervisory authorities in Chapter VI and on co-operation and consistency in Chapter VII should not apply for the processing of personal data carried out solely for journalistic purposes or the purpose of artistic or literary expression, in order to reconcile the right to the protection of personal data with the rules governing freedom of expression., also taking into account technological development and new digital media.
 
Article 80a Processing of personal data and public access to official documents Personal data in documents held by a public authority or a public body may be disclosed by this authority or body in accordance with Union or Member State law regarding public access to official documents, in order to reconcile the right to the protection of personal data with the principle of public access to official documents.