Digital Omnibus proposal· Recital 20
Text
Recital 20 Digital Omnibus proposal as printed in the Council text of 22 October 2026
Source Council, 22 October 2026. Recital 20: ST 14756/26, page 14 · exact text page
The concept of ‘public security’, within the meaning of Article 52 TFEU and as interpreted by the Court of Justice, covers both the internal and external security of a Member State, as well as issues of public safety, in order, in particular, to facilitate the investigation, detection and prosecution of criminal offences. It presupposes the existence of a genuine and sufficiently serious threat affecting one of the fundamental interests of society, such as a threat to the functioning of institutions and essential public services and the survival of the population, as well as the risk of a serious disturbance to foreign relations or the peaceful coexistence of nations, or a risk to military interests. In compliance with the principle of proportionality, data localisation requirements that are justified on grounds of public security should be suitable for attaining the objective pursued, and should not go beyond what is necessary to attain that objective.
How the recital changed
Each text against the text before it
| Recital | Commission19 Nov 2025Rec 20 | Council21 May 2026 | Council10 Jun 2026Rec 20 | Council18 Jun 2026Rec 20 | Council3 Sep 2026Rec 20 | Council2 Oct 2026Rec 20 | Council22 Oct 2026Rec 20 |
|---|---|---|---|---|---|---|---|
| Compared with | law in force | the proposal | 21 May text | 10 Jun text | 18 Jun text | 3 Sep text | 2 Oct text |
| Recital 20 | 20 Added | In neither text | 20 Unchanged | 20 Unchanged | 20 Unchanged | 20 Unchanged | 20 Unchanged |
Each text against the text before it: +Added in this text, not in the text before=Unchanged same as the text before— in neither text
Parliament amendments propose other recitals under these numbers: Recital 20a (new).
Parliament amendments
2 amendments to this recital
1 amendment would delete the whole recital: members of The Left.
| Type | The Left | NI |
|---|---|---|
| − Deletion | 1 | · |
| ~ Alternative | · | 1 |
By political group
- − Deletion The Left 1
- ~ Alternative NI 1
Show
172 −Deletion João OliveiraThe Left · ITRE–LIBE Deletes the recital
(20) The concept of ‘public security’, within the meaning of Article 52 TFEU and as interpreted by the Court of Justice, covers both the internal and external security of a Member State, as well as issues of public safety, in order, in particular, to facilitate the investigation, detection and prosecution of criminal offences. It presupposes the existence of a genuine and sufficiently serious threat affecting one of the fundamental interests of society, such as a threat to the functioning of institutions and essential public services and the survival of the population, as well as the risk of a serious disturbance to foreign relations or the peaceful coexistence of nations, or a risk to military interests. In compliance with the principle of proportionality, data localisation requirements that are justified on grounds of public security should be suitable for attaining the objective pursued, and should not go beyond what is necessary to attain that objective.- Tabled by
- João Oliveira
- Group
- The Left
- Targets
- Digital Omnibus proposal Recital 20
- Document
- ITRE–LIBE amendments 79–250 to the draft report
- Source
- Official text, page 94
- Printed header
- Recital 20
173 ~Alternative Diana Iovanovici ŞoşoacăNI · ITRE–LIBE “Therefore, Member States may not impose data localisation requirements in a generalised or preventive manner, but only insofar as they are justified…”
(20) The concept of ‘public security’, within the meaning of Article 52 TFEU and as interpreted by the Court of Justice, covers both the internal and external security of a Member State, as well as issues of public safety, in order, in particular, to facilitate the investigation, detection and prosecution of criminal offences. It presupposes the existence of a genuine and sufficiently serious threat affecting one of the fundamental interests of society, such as a threat to the functioning of institutions and essential public services and the survival of the population, as well as the risk of a serious disturbance to foreign relations or the peaceful coexistence of nations, or a risk to military interests. In compliance with the principle of proportionality, data localisation requirements that are justified on grounds of public security should be suitable for attaining the objective pursued, and should not go beyond what is necessary to attain that objective. Therefore, Member States may not impose data localisation requirements in a generalised or preventive manner, but only insofar as they are justified by an essential public interest and accompanied by appropriate safeguards against any unjustified restrictions of the free movement of data within the European Union. Any measure of this kind must be necessary, proportionate, non-discriminatory, subject to judicial review, and compatible with Union law, including the fundamental freedoms enshrined in the Treaties. In this context, Regulation (EU) 2023/2854 aims to prevent misuse of data localisation requirements as barriers to the internal market, while also promoting the free movement of data and cross-border access to them. Exceptions based on grounds of public safety must be interpreted restrictively and applied only in exceptional situations where the competent authorities can demonstrate a genuine and sufficiently serious risk to a fundamental interest of society. The Regulation thus seeks to strike a balance between protecting the essential interests of Member States and developing a single European data market based on trust, interoperability and legal certainty.
- Tabled by
- Diana Iovanovici Şoşoacă
- Group
- NI
- Targets
- Digital Omnibus proposal Recital 20
- Document
- ITRE–LIBE amendments 79–250 to the draft report
- Printed header
- Recital 20