Netherlands Greens/EFA

Judith Sargentini

Country: Netherlands
Group: The Greens – European Free Alliance (Greens/EFA)
Party: GroenLinks (GL)

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

Overview Judith Sargentini

Amendments: 6
...stronger: 4
...weaker: 2
...neutral: 0

Amendments by Judith Sargentini

(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 (121) Exemptions or derogations from the requirements of certain provisions of this Regulation for the processing of personal data should be provided for 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 for purposes such as journalism and artistic and literary expression, in particular 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.
 
3a. Member States shall determine the conditions under which a national identification number or any other identifier of general application may be processed.
 
(h) the transfer is necessary for the purposes of the legitimate interests pursued by the controller or the processor, which cannot be qualified as frequent or massive, and where the controller or processor has assessed all the circumstances surrounding the data transfer operation or the set of data transfer operations and based on this assessment adduced appropriate safeguards with respect to the protection of personal data, where necessary.
 
(d) conduct investigations either on its own initiative or on the basis of a complaint or of specific and documented information received alleging unlawful processing or on request of another supervisory authority, 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;
 
(gd) establish common procedures for receiving and investigating information concerning allegations of unlawful processing, protecting informants against reprisals, and safeguarding confidentiality and sources of information received; taking into account that informants may place themselves in jeopardy of prosecution based on laws of third countries which may prohibit disclosures about such unlawful processing.
 
1. Member States shall provide for exemptions or derogations from the provisions on the general principles in 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 for the processing of personal data carried out solely for journalistic purposes or the purpose of artistic or literary in order to reconcile the right to the protection of personal data with the rules governing freedom of expression in order to reconcile the right to the protection of personal data with the rules governing freedom of expression.accordance with the Charter of Fundamental Rights of the European Union and its referral to the ECHR.