|Group:||European Conservatives and Reformists (ECR)|
|Party:||Conservative Party (CON)|
Member of Foreign Affairs
Overview Charles Tannock
Amendments by Charles Tannock
(25) Consent should be given explicitly 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.
(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necessary in relation to the purposes for which the data are collected or otherwise processed, where data subjects have withdrawn their consent for processing or where they object to the processing of personal data concerning them or where the processing of their personal data otherwise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.
(8) ‘the data subject’s consent’ means any freely given specific
, informed and explicit 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;
(b) collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those 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.
reasons of public interest in the area of public health in accordance with Article 81;
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 expression in order to reconcile the right to the protection of personal data with the rules governing freedom of expression.
(c) other reasons of public interest in areas such as social protection, 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