Amendment 803· Data Act Article 32j(2a) (new)
+Addition
Text of the amendment
As tabled
Amending instruction
In Article 32j, the following paragraph is added:
Paragraph it would add
The re-use of data and documents under this Chapter shall not entail their transfer to, or access by, a third-country authority or a natural or legal person established in a third country where such transfer or access would be liable to harm public security, the resilience and continuity of essential services, or the national and economic security of the Union or of a Member State.'
Data Act Article 32j with this amendment
Amendment 803 applied to the Commission proposal, no other amendment
Unchanged: (1) and (2)
Any applicable conditions for the re-use of data or documents shall be non- discriminatory, transparent, proportionate and objectively justified with regard to the categories of data or documents and the purposes of re-use and the nature of the data or documents for which re-use is allowed. Those conditions shall not be used to restrict competition. This principle shall equally apply for comparable categories of re-use, including for cross-border re-use.
If data or documents are re-used by a public sector body as input for its commercial activities which fall outside the scope of its public tasks, the same charges and other conditions shall apply to the supply of the data or documents for those activities as the ones that apply to other re-users.
The re-use of data and documents under this Chapter shall not entail their transfer to, or access by, a third-country authority or a natural or legal person established in a third country where such transfer or access would be liable to harm public security, the resilience and continuity of essential services, or the national and economic security of the Union or of a Member State.'
+NewJustification
Prohibits the re-identification of data subjects from anonymised datasets, the unlawful use of such data, and their transfer to entities reasonably likely to be able to re-identify the data subjects. Without such a prohibition, the anonymisation regime would be devoid of any sanction for its circumvention. The prohibition does not preclude research into anonymisation techniques carried out in accordance with Regulation (EU) 2016/679.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 32j(2a) (new).
Cite this amendment
Amendment 803 (Julie Rechagneux and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 777–1052 to the draft report on COM(2025) 837 (CJ72-AM-791072, PE791.072v01-00, 27 July 2026), pp. 17–18
Link, short form and official text
Amendment 803 (Julie Rechagneux and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 777–1052 to the draft report on COM(2025) 837 (CJ72-AM-791072, PE791.072v01-00, 27 July 2026), pp. 17–18
ITRE–LIBE Amendment 803 (CJ72-AM-791072), p. 17