Germany ALDE

Alexandra Thein

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

Member of Legal Affairs
Substitute of Constitutional Affairs

Overview Alexandra Thein

Amendments: 6
...stronger: 0
...weaker: 5
...neutral: 1

Amendments by Alexandra Thein

(99) While this Regulation applies also to the activities of national courts, the competence of the supervisory authorities should not cover the processing of personal data when courts are acting in their judicial capacity, in order to safeguard the independence of judges in the performance of their judicial tasks. However, this exemption should be strictly limited to genuine judicial activities in court cases and in the area of preventive justice and not apply to other activities where judges might be involved in, in accordance with national law.
 
(127) As regards the powers of the supervisory authorities to obtain from the controller or processor access personal data and access to its premises, Member States may adopt by law, within the limits of this Regulation, specific rules(127) Member States may adopt by law specific rules regarding the powers of the supervisory authorities and exemptions or derogations from the provisions of Chapters II to IV in order to safeguard the professional or other equivalent secrecy obligations, in so far as necessary to reconcile the right to the protection of personal data with an obligation of professional secrecy.
 
The data subject shall have the right to obtain from the controller the rectification of personal data relating to them which are inaccurate. The data subject shall have the right to obtain completion of incomplete personal data, including by way of supplementing a corrective statement. Sentences 1 and 2 do not apply if and to the extent the processing of the personal data without rectification or completion serves to fulfil a legal obligation to which the controller is subject under the law of the European Union or of a Member State, provided that the law of the Member State must meet an objective of public interest, respect the essence of the right to the protection of personal data and be proportionate to the legitimate aim pursued.
 
3. Where the controller or the processor is a public authority or body, the data protection officer may be designated for several of its entities, taking account of the organisational structure of the public authority or body. Member States may adopt specific rules to provide for the designation of a data protection officer for groups of public-office holders.
 
3. The supervisory authority shall not be competent to supervise processing operations of courts acting in their judicial capacity. or of notaries acting in their official capacity.
 
1. Within the limits of this Regulation, Member States may adopt 1. Member States may adopt by law: (a) 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 for the processing of personal data that are subject to an obligation of professional secrecy or another equivalent obligation of secrecy of the controller or processor, (b) within the limits of this Regulation, specific rules to set out the investigative powers by the supervisory authorities laid down in Article 53(2) in relation to controllers or processors that are subjects under national law or rules established by national competent bodies to an obligation of professional secrecy or other equivalent obligations of secrecy, where this is necessary and proportionate to reconcile the right of the protection of personal data with the obligation of secrecy. These rules shall only apply with regard to personal data which the controller or processor has received from or has obtained in an activity covered by this obligation of secrecy.