Sweden S&D

Anna Hedh

Country: Sweden
Group: Progressive Alliance of Socialists and Democrats (S&D)
Party: Arbetarepartiet- Socialdemokraterna (SAP)

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

Overview Anna Hedh

Amendments: 24
...stronger: 7
...weaker: 12
...neutral: 5

Amendments by Anna Hedh

(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 Member State legislation to which the public authority or public body is subject. Such legislation shall reconcile the right to the protection of personal data with the principle of public access to official documents.
 
(40) The processing of personal data for other purposes should be only allowed where the processing is compatible with those purposes for which the data have been initially collected, in particular where the processing is necessary for historical, statistical or scientific research purposes. Where the other purpose is not compatible with the initial one for which the data are collected, the controller should obtain the consent of the data subject for this other purpose or should base the processing on another legitimate ground for lawful processing, in particular where provided by Union law or the law of the Member State to which the controller is subject. In any case, the application of the principles set out by this Regulation and in particular the information of the data subject on those other purposes should be ensured.
  Comment: Intention unclear
(42) Derogating from the prohibition on processing sensitive categories of data should also be allowed if done by a law, and subject to suitable safeguards, so as to protect personal data and other fundamental rights, where grounds of public interest so justify and in particular for health purposes, including public health and social protection and the management of health-care services, especially in order to ensure the quality and cost-effectiveness of the procedures used for settling claims for benefits and services in the health insurance system, or for historical, statistical and scientific research purposes.purposes.
 
(53) Any person should have the right to have personal data concerning them rectified and a ‘right to be forgotten’ where the retention of such data is not in compliance with this Regulation. In particular, data subjects should have the right that their personal data are erased and no longer processed, where the data are no longer necessary in relation to the purposes for which the data are collected or otherwise processed, where data subjects have withdrawn their consent for processing or where they object to the processing of personal data concerning them or where the processing of their personal data otherwise does not comply with this Regulation. This right is particularly relevant, when the data subject has given their consent as a child, when not being fully aware of the risks involved by the processing, and later wants to remove such personal data especially on the Internet. However, the further retention of the data should be allowed where it is necessary for historical, statistical and scientific research purposes, for reasons of public interest in the area of public health, for exercising the right of freedom of expression, when required by law or where there is a reason to restrict the processing of the data instead of erasing them.
 
(75) Where the processing is carried out in the public sector or where, in the private sector, processing is carried out by a large an enterprise, or where its core activities, regardless of the size of the enterprise, involve processing operations which require regular and systematic monitoring, a person should assist the controller or processor to monitor internal compliance with this Regulation. Such data protection officers, whether or not an employee of the controller, should be in a position to perform their duties and tasks independently. To safeguard their independence, data protection officers should when performing their duties enjoy special protection against dismissal and discrimination, comparable to trade union or workers representatives under national law and practices. Data protection officers should be appointed with the consent of the work place representation.
 
(88) Transfers which cannot be qualified as frequent or massive, could also be possible for the purposes of the legitimate interests pursued by the controller or the processor, when they have assessed all the circumstances surrounding the data transfer. For the purposes of processing for historical, statistical and scientific research purposes, the legitimate expectations of society for an increase of knowledge should be taken into consideration.
 
(125) The processing of personal data for the purposes of historical, statistical or scientific research should, in order to be lawful, also respect other relevant legislation such as on clinical trials. This includes the use of ‘ethics committee’ in accordance with Directive 2001/20/EC of the European Parliament and of the Council of 4 April 2001 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the implementation of good clinical practice in the conduct of clinical trials on medicinal products for human use.
 
(fa) processings is necessary due to national practises for the social partners concerning collective agreements;
 
2. Processing of personal data which is necessary for the purposes of historical, statistical or scientific researchpurposes shall be lawful subject to the conditions and safeguards referred to in Article 83.
 
(c) for historical, statistical and scientific research purposes in accordance with Article 83;
 
1. The controller and the processor shall together with the worker representatives designate a data protection officer in any case where:
 
7. The controller or the processor shall together with the worker representatives designate a data protection officer for a period of at least two years. The data protection officer may be reappointed for further terms. 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.officers should, when performing their duties, enjoy special protection against dismissal and discrimination, comparable to trade union or workers representatives under national law and practices.
 
(ba) to inform and consult the worker representatives regarding the personal data of workers;
 
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, without prejudice to the provisions of Chapter VII of this Regulation. The provisions from labour legislation and collective agreements remain unaffected.
 
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 , including worker representatives, shall have the right to lodge a complaint with a supervisory authority in any 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.
 
Article 80a Processing of personal data and the principle of public access to official documents 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 Member State legislation to which the public authority or public body is subject. Such legislation shall reconcile the right to the protection of personal data with the principle of public access to official documents.
 
1. Within the limits of this Regulation, Member States may adopt by law 1. Member States may in accordance with national law and practices adopt specific rules regulating the processing of employees‘ personal data in the employment context,on the labour market in particular for but not limited to the purposes of the recruitment, the performance of the contract of employment, including discharge of obligations laid down by law or by collective agreements, management, planning and organisation of work, health and safety at work, and for the purposes of the exercise and enjoyment, on an individual or collective basis, of rights and benefits related to employment, and for the purpose of the termination of the employment relationship. This regulation recognizes the role of the social partners. In countries where it has been left to the parties on the labour market to regulate wages and various other work condition through collective agreements the social partners' obligations and rights under collective agreements should be taken into specific consideration when applying Article 6(1)(f).
 
1a. The following data processing by the employer or by a third party directly or indirectly linked to the employer or working by order or account for the employer in the employment context is prohibited: (a) without information in advance provided to the worker as set out in Article 14; (b) permanent control of workers or control of their performance and behaviour independently of the technology used; (c) genetic data; (d) medical data; (e) monitoring of trade union and worker representatives in their function including the blacklisting of workers. This applies to the personal data of the worker and a job applicant.
 
2. Each Member State shall notify to the Commission those provisions of its law which it adopts pursuant to paragraph 1, by the date specified in Article 91(2) at the latest and, without delay, any subsequent amendment affecting them.
 
2a. Trade unions shall have the right to represent the employee when reporting complaints to the supervisory authority or when seeking judicial remedy. Trade Unions shall furthermore have the right to take class action.
 
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.
 
Processing for historical, statistical and scientific research purposespurposes
 
(a) these purposes cannot be otherwise fulfilled by processing data which does not permit or not any longer permit the identification of the data subject;anonymous data;
 
1a. Further processing of sensitive personal data for medical research purposes may be allowed in line with relevant national and EU legislation and after a favourable opinion by an Ethics Committee.