Amendment 1705· EUDPR Article 39(5) and (6)
−Deletion
Text of the amendment
As tabled
Wording it would delete
(b) Paragraphs 5 and 6 are deleted.
Struck CommissionHighlighted amendment
EUDPR Article 39 with this amendment
Amendment 1705 applied to the Commission proposal, no other amendment
Unchanged: (1), (2), (3) and (4)
Where a type of processing in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data. A single assessment may address a set of similar processing operations that present similar high risks.
The controller shall seek the advice of the data protection officer when carrying out a data protection impact assessment.
A data protection impact assessment referred to in paragraph 1 shall in particular be required in the case of:
a systematic and extensive evaluation of personal aspects relating to natural persons which is based on automated processing, including profiling, and on which decisions are based that produce legal effects concerning the natural person or similarly significantly affect the natural person;
processing on a large scale of special categories of data referred to in Article 10, or of personal data relating to criminal convictions and offences referred to in Article 11; or
a systematic monitoring of a publicly accessible area on a large scale.
The lists, the template and methodology adopted by the Commission and referred to in paragraph 6a of Article 35 of Regulation (EU) 2016/679 should apply to the processing of personal data under this Regulation.
The European Data Protection Supervisor may also establish and make public a list of the kind of processing operations for which no data protection impact assessment is required.
+NewPrior to the adoption of the lists referred to in paragraphs 4 and 5 of this Article, the European Data Protection Supervisor shall request that the European Data Protection Board set up by Article 68 of Regulation (EU) 2016/679 examine such lists in accordance with point (e) of Article 70(1) of that Regulation where they refer to processing operations by a controller acting jointly with one or more controllers other than Union institutions and bodies.
+NewUnchanged: (7), (8), (9), (10) and (11)
The assessment shall contain at least:
a systematic description of the envisaged processing operations and the purposes of the processing;
an assessment of the necessity and proportionality of the processing operations in relation to the purposes;
an assessment of the risks to the rights and freedoms of data subjects referred to in paragraph 1; and
the measures envisaged to address the risks, including safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this Regulation taking into account the rights and legitimate interests of data subjects and other persons concerned.
Compliance with approved codes of conduct referred to in Article 40 of the Regulation (EU) 2016/679 by the relevant processors other than Union institutions and bodies shall be taken into due account in assessing the impact of the processing operations performed by such processors, in particular for the purposes of a data protection impact assessment.
Where appropriate, the controller shall seek the views of data subjects or their representatives on the intended processing, without prejudice to the protection of public interests or the security of processing operations.
Where processing pursuant to point (a) or (b) of Article 5(1) has a legal basis in a legal act adopted on the basis of the Treaties, which regulates the specific processing operation or set of operations in question, and where a data protection impact assessment has already been carried out as part of a general impact assessment preceding the adoption of that legal act, paragraphs 1 to 6 of this Article shall not apply unless that legal act provides otherwise.
Where necessary, the controller shall carry out a review to assess if processing is performed in accordance with the data protection impact assessment at least when there is a change of the risk represented by processing operations.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 39(5) and (6).
Cite this amendment
Amendment 1705 (Pernando Barrena Arza and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 1565–1740 to the draft report on COM(2025) 837 (CJ72-AM-791874, PE791.874v01-00, 27 July 2026), p. 122
Link, short form and official text
Amendment 1705 (Pernando Barrena Arza and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 1565–1740 to the draft report on COM(2025) 837 (CJ72-AM-791874, PE791.874v01-00, 27 July 2026), p. 122
ITRE–LIBE Amendment 1705 (CJ72-AM-791874), p. 122