Amendment 1301· GDPR Article 41b (new)

Article 41b

Guidelines on the recipient-specific assessment of data resulting from pseudonymisation

1.The European Data Protection Board established by Article 68 of Regulation (EU) 2016/679 shall issue guidelines on the application of Article 4, point (1), to data resulting from pseudonymisation, in particular where such data are disclosed to a recipient and may be considered not to constitute personal data for that recipient.

2.Those guidelines shall address, in particular:

(a)the criteria for assessing whether a recipient is realistically able to identify the data subject, either from the data alone or by combining the data with other information reasonably available to it;

(b)the information, documentation and commitments that may be provided by the recipient concerning its means, access rights, available datasets, technical capabilities, organisational measures, and legal or contractual restrictions;

(c)the proportionate due diligence to be carried out by the controller disclosing the data before relying on the conclusion that the recipient is not realistically able to identify the data subject;

(d)the conditions under which recipients may be grouped by category where their relevant circumstances are materially equivalent;

(e)the evidence to be retained by the controller and, where relevant, by the recipient, in order to demonstrate the basis for the assessment to the competent supervisory authority upon request;

(f)the circumstances in which a material change in the recipient’s means, access rights, available datasets, technical capabilities, organisational measures, or legal or contractual restrictions requires the assessment to be reviewed; and

(g)the effect of such assessment on the qualification of the data for the controller, the recipient and any other person that is realistically able to identify the data subject.

3.The guidelines referred to in paragraph 1 shall take into account the state of the art; relevant case law; supervisory practice; risks of identification through attribution, singling out, linkage, or inference; and the use of technical and organisational measures reducing the risk of identification.

4.Those guidelines shall not alter the definition of personal data under Article 4, point (1), create a presumption that data resulting from pseudonymisation are not personal data, or reduce the level of protection of personal data under this Regulation.