Germany ALDE

Nadja Hirsch

Country: Germany
Group: Alliance of Liberals and Democrats for Europe (ALDE)
Party: Freie Demokratische Partei (FDP)

Vice-Chair of Employment and Social Affairs
Substitute of Culture and Education

Overview Nadja Hirsch

Amendments: 19
...stronger: 5
...weaker: 11
...neutral: 3

Amendments by Nadja Hirsch

(c) processing is necessary for compliance with a legal obligation to which the controller is subject;solely carried out in the context referred to under Article 5a(2), (3) or (6) in accordance with Article 83;
  Comment: "Risk Based Approach" that does not seem to be more strict than the proposal.
(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; or in the third party to which the data are transferred;
 
(f) processing is necessary for the purposes of the legitimate interests pursued by a controller, except where such interests are overridden by the the controller or by the third party or parties to whom the data are disclosed and of the legitimate expectations of the data subject based on his or her relationship with the controller, taking into account the interests or rights and freedoms of the controller to conduct a business as well as 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.
 
(fa) processing is necessary for the purposes of ensuring the ability of a network or an information system to resist accidental events or unlawful or malicious actions that compromise the availability, authenticity, integrity or confidentiality of stored or transmitted data and the security of the related services offered by or accessible via these networks and systems;
 
1a. Processing of pseudonymized data shall be lawful.
 
2. Processing of personal data which is necessary for the purposes of historical, statistical or scientific research shall be lawful subject to the conditions and safeguards referred to in Article 83.
 
3. The basis oflegal basis for the processing referred to in points (c) and (point (e) of paragraph 1 must be provided for in:
 
The law In these provisions the lawfulness of the Member State must meet an objective of public interest or processing can be further specified, particularly in relation to the controller, to the purpose of the processing and the limitation of such purpose, to the nature of the data and to the data subjects, to the processing operations and the processing procedures, and to the recipients of personal data as well as to the duration of storage. The provisions of Union law and of the law of the Member State must be necessary to protect the rights and freedoms of others, must respect the essence of fundamental rights and fundamental freedoms, in particular of the right to the protection of personal data and be proportionateappropriate to the legitimate aim pursued. by the processing.
 
3a. In case of processing based on point (f) of paragraph 1, the controller shall inform the data subject about this explicitly as well as the data subject's right to object pursuant to Article 19(2).
 
4. Where the purpose of further processing is not compatible with the one for which the personal data have been collected, the processing must have a legal basis at least in one of the grounds referred to in points (a) to (efa) of paragraph 1. This shall in particular apply to any change of terms and general conditions of a contract.
 
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 1. Where data is processed pursuant to Article 6 paragraph 1(a) the controller shall bear the burden of proof for the data subject's consent to the processing of their personal data for specified purposes..
 
3. The 3. Without prejudice to the data subject 's existing contractual obligations, the data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. It is lawful that the withdrawal of consent might result in the termination of the relationship with the controller.
 
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.
 
4a. The required form of consent shall reflect the principles laid down in Articles 5a, 5b and 5c as well as the result of the data protection risk analysis referred to in Article 33.
  Comment: The overall concept of a "risk based approach" seems to lead to less protection.
1. For the purposes of this Regulation, in relation to the offering of information societygoods or services directly to a child, the processing of personal data of a child below the age of 13 years shall only be lawful if and to the extent that consent is given or authorised by the child's parent or custodianlegal representative. The controller shall make reasonable efforts to obtain verifiable consent, taking into consideration available technology.
 
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 thelaying down standard forms for specific 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 referred to in Article 87(2).
 
1a. The European Data Protection Board shall issue guidance on when exemptions or derogations in accordance with paragraph 1 may be necessary, after consultation with representatives of the press, authors and artists, data subjects and civil society organisations.