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Digital Omnibus proposal

Recital 28

Compare the available Commission, Council and Parliament texts and amendments affecting this recital.

Recital total: 1 part · 4 Council drafts · 14 Parliament amendments

Removed wording is struck through; added or replacement wording is highlighted.

Institutional text

European Commission proposal

The wording proposed by the Commission at the start of this legislative file.

Commission source wording and instructions

Recital 28

Commission proposal

In order to assess whether research meets the conditions of scientific research for the purpose of this Regulation, account can be taken of elements such as methodological and systematic approach applied while conducting the research in the specific area. Research and technology development should be conducted in academic, industry and other settings, including small and medium-sized undertakings, (Article 179(2) TFEU) and should be always of a of high quality and should adhere to the principles of principles of reliability, honesty, respect and accountability (verifiability).

Institutional text

Council Presidency texts

Successive Presidency compromise texts. Their inclusion does not imply agreement or adoption.

Recital 28

May Presidency compromise

In order to assess whether scientific research activities meet the conditions of scientific research for the purpose of Regulation (EU) 2016/679, account can be taken of elements such as the purpose of the research, the methodological approach and ethical standards applied in the specific area while conducting the research, and adherence to the principles of transparency, reliability, accountability, oversight, verifiability, and rules for research integrity. Transparency may, among other things, involve making research results publicly available with due regard to legitimate limitations to access such as protection of intellectual property and trade secrets. Scientific research activities should be conducted autonomously and independently, free from undue pressure and contribute to the growth of society's general knowledge and wellbeing. This does not exclude that the outcome of scientific research activities may also aim to further commercial or private interests. It is important that processing for scientific research activities prevent individuals from being subjected to harm or other adverse effects due to their participation in scientific research and respect, amongst others, human autonomy and, to the extent necessary, the notion of consent to participate in research should be used as a safeguard and is to be considered distinctively from consent under Regulation (EU) 2016/679. Scientific research can, amongst others, be part of and support innovation, such as technology or medical development. Scientific research activities may be conducted in academic, industry and other settings, by public authorities or private entities, including small and medium sized undertakings. The outcome of scientific research may be applied for public interest, private or commercial purposes. The qualification of processing as being carried out for scientific research purposes should be assessed on a case-bycase basis, considering the objective characteristics of the research activity, and should not rely solely on the declaration of the controller, nor undermine the obligation to apply appropriate safeguards as provided for in Article 89 of Regulation (EU) 2016/679.

Competing proposals

European Parliament amendments

These are alternative tabled amendments. An amendment affecting several tracked parts appears once here, with each target identified.

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Remove proposed wording Amendment 111 · David Cormand JURI
(28) In order to assess whether research meets the conditions of scientific research for the purpose of this Regulation, account can be taken of elements such as methodological and systematic approach applied while conducting the research in the specific area. Research and technology development should be conducted in academic, industry and other settings, including small and medium-sized undertakings, (Article 179(2) TFEU) and should be always of a of high quality and should adhere to the principles of principles of reliability, honesty, respect and accountability (verifiability).
Source identification

Header printed in the source: Recital 28

Deletion marker printed in the source: deleted

Alternative wording Amendment 112 · Victor Negrescu JURI
(28) In order to assess whether research meets the conditions of scientific research for the purpose of this Regulation, account can be taken of elements such as methodological and systematic approach applied while conducting the research in the specific area. Research and technology development should be conducted in academic, industry and other settings, including small and medium-sized undertakings, (Article 179(2) TFEU) and should be always of a of high quality and should adhere to the principles of principles of reliability, honesty, respect and accountability (verifiability). Where data are processed for scientific research purposes in the digital sphere, particular attention should be paid to supporting research carried out by universities, public-interest organisations and SMEs, and to promoting open science practices, skills development and digital literacy among researchers and students.
Alternative wording Amendment 113 · Emil Radev JURI
(28) In order to assess whether researchan activity meets the conditions of being scientific research for the purpose of this Regulation, account canshould be taken of elementsthe suchfollowing ascharacteristics: methodologicalnovelty, creativity, uncertainty, systematic and systematic approach applied while conducting the research in the specific areatransferable/reproducible. Research and technology developmentConsideration should be conducted in academic, industry and other settings, including small and medium-sized undertakings, (Article 179(2) TFEU) and shouldalso be always of a of high quality and should adheregiven to the principlespurpose of principlesthe of reliabilityactivity, honestywhich should primarily aim at new findings, respectbased on original concepts (and accountabilitytheir (verifiabilityinterpretation) or hypotheses. The Frascati Manual will be the main reference for this assessment.
Remove proposed wording Amendment 158 · David Cormand on behalf of the Verts/ALE Group IMCO
(28) In order to assess whether research meets the conditions of scientific research for the purpose of this Regulation, account can be taken of elements such as methodological and systematic approach applied while conducting the research in the specific area. Research and technology development should be conducted in academic, industry and other settings, including small and medium-sized undertakings, (Article 179(2) TFEU) and should be always of a of high quality and should adhere to the principles of principles of reliability, honesty, respect and accountability (verifiability).
Source identification

Header printed in the source: Recital 28

Deletion marker printed in the source: deleted

Alternative wording Amendment 159 · Arba Kokalari IMCO
(28) In order to assess whether research meets the conditions of scientific research for the purpose of this Regulation, account can be taken of elements such as methodological and systematic approach applied while conducting the research in the specific area. Research and technology development should be conducted in academic, industry and other settings, including small and medium-sized undertakings, (Article 179(2) TFEU) and should be always of a of high quality and should adhere to the principles of principles of reliability, honesty, respect and accountability (verifiability). This does not exclude scientific research activities that further commercial interests.
Remove proposed wording Amendment 233 · Alex Agius Saliba ITRE · LIBE
(28) In order to assess whether research meets the conditions of scientific research for the purpose of this Regulation, account can be taken of elements such as methodological and systematic approach applied while conducting the research in the specific area. Research and technology development should be conducted in academic, industry and other settings, including small and medium-sized undertakings, (Article 179(2) TFEU) and should be always of a of high quality and should adhere to the principles of principles of reliability, honesty, respect and accountability (verifiability).
Source identification

Header printed in the source: Recital 28

Deletion marker printed in the source: deleted

Alternative wording Amendment 234 · Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller ITRE · LIBE
(28) In order to assess whether research meets the conditions of scientific research for the purpose of this Regulation, account can be taken of elements such as the purpose of the research, methodological and systematic approach and ethical standards applied while conducting the research in the specific area. Research and technology development should be conducted in academicMoreover, industry and other settings, including small and medium-sized undertakings, (Article 179(2) TFEU) and should be always of a of high quality and should adhereadherence to the principles of principles of reliability, transparency, honesty, respect and accountability should be the conditions applied. Transparency should involve making research results publicly avaliable with due regard to legitimate limitations to access such as protection of intellectual property and trade secrets. Scientific research activites should be conducted autonomously and independently, free from undue pressure and contribute to the growth of society’s general knowledge and in the public interest. This does not exclude that the outcome of scientific research activities may also aim to further commercial or private interest, provided that the processing operations are functionally separated from commercial monetization, tracking, or profiling activities, contribute to verifiable public knowledge, strictly respect safeguards under Article 89(verifiability1), and are not used to circumvent general purpose limitation obligations for proprietary automated modeling. It is important that processing for scientific research activities prevent individuals from being subjected to harm or other infringements of their rights due to their participation in scientific research and respect, amongst others, self-determination and, to the extent necessary, the notion of consent to participate in research should be used as a safeguard and is to be considered distinctively from consent under Regulation (EU) 2016/679.
Alternative wording Amendment 235 · Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec ITRE · LIBE
(28) The qualification of processing as being carried out for scientific research purposes should be based on objective characteristics of the research activity and should not rely solely on the declaration of the controller, nor undermine the obligation to apply appropriate safeguards as provided for in Article 89 of Regulation (EU) 2016/679. In order to assess whether scientific research meetsactivities meet the conditions of scientific research for the purpose of thisRegulation Regulation(EU) 2016/679, account canshould be taken of elements such as the purpose of the research, the methodological approach and systematicethical approachstandards applied in the specific area while conducting the research in the specific area. Research, and technology development should be conducted in academic, industry and other settings, including small and medium-sized undertakings, (Article 179(2) TFEU) and should be always of a of high quality and should adhereadherence to the principles of principles oftransparency, reliability, honestyaccountability, respectoversight, verifiability, and accountabilityrules for research integrity. Scientific research activities should be conducted autonomously and independently, free from undue pressure and contribute to the growth of society’s public knowlewge, to public interest or serve the mankind. The results of scientific research should be published and they should be subjected to a double-blind peer review. It is important that scientific research activities prevent individuals from being subjected to harm or other adverse effects due to their participation in scientific research and respect, amongst others, human autonomy and the notion of consent to participate in research, which is to be considered distinctively from consent under Regulation (verifiabilityEU) 2016/679.
Alternative wording Amendment 236 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, António Tânger Corrêa, Christophe Bay ITRE · LIBE
(28) Scientific research should not include the profiling of natural persons, direct marketing, the monitoring of individuals' behaviour, or activities whose purpose is to influence or nudge the behaviour of natural persons, even where such activities apply scientific methods. The ethical standards of the relevant research area should be understood as those established within a recognised scientific discipline, and not as standards defined unilaterally by the controller for the purposes of a given processing operation. In order to assess whether research meets the conditions of scientific research for the purpose of this Regulation, account can be taken of elements such as methodological and systematic approach applied while conducting the research in the specific area. Research and technology development should be conducted in academic, industry and other settings, including small and medium-sized undertakings, (Article 179(2) TFEU) and should be always of a of high quality and should adhere to the principles of principles of reliability, honesty, respect and accountability (verifiability).
Justification

The broadening of research purposes must not allow processing whose principal object is behavioural targeting to be re-labelled as scientific research. Nor may the notion of 'research area' be defined by the controller itself: the ethical standards invoked must be those of a recognised discipline, failing which the safeguard is circular.

Alternative wording Amendment 237 · Markéta Gregorová on behalf of the Verts/ALE Group ITRE · LIBE
(28) In order to assess whether research meets the conditions of scientific research for the purpose of this Regulation, account can be taken of elements such as methodological and systematic approach applied while conducting the research in the specific area. ResearchScientific and technology developmentresearch should be conducted in academic, industry and other settings, including small and medium-sized undertakings, (Article 179(2) TFEU) and should be always of a of high quality and should adhere to the principles of principles of reliability, honesty, respect and accountability (verifiability). Transparency may, among other things, involve making research results publicly available, in principle after peer review. The publication of the results also contributes to the aim of contributing to the growth of society’s general knowledge. Scientific research may further a subsequent commercial interest. Processing should not be considered scientific research where its primary purpose is commercial product development, advertising, marketing, profiling, service optimisation, or customer analytics.
Alternative wording Amendment 238 · Sebastian Tynkkynen, Diego Solier ITRE · LIBE
(28) In order to assess whether research meets the conditions of scientific research for the purpose of this Regulation, account can be taken of elements such as methodological and systematic approach applied while conducting the research in the specific area. Research and technology development should be conducted in academic, industry and other settings, including small and medium-sized undertakings, (Article 179(2) TFEU) and should be always of a of high quality and should adhere to the principles of principles of reliability, honesty, respect and accountability (verifiability). Pursuing an additional commercial interest should not preclude research from meeting the conditions of scientific research for the purposes of this Regulation.
Alternative wording Amendment 239 · Tomas Tobé, Arba Kokalari, Jörgen Warborn ITRE · LIBE
(28) In order to assess whether research meets the conditions of scientific research for the purpose of this Regulation, account can be taken of elements such as methodological and systematic approach applied while conducting the research in the specific area. Research and technology development should be conducted in academic, industry and other settings, including small and medium-sized undertakings, (Article 179(2) TFEU) and should be always of a of high quality and should adhere to the principles of principles of reliability, honesty, respect and accountability (verifiability). This does not exclude scientific research activities that further commercial interests.
Alternative wording Amendment 240 · Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Adina Vălean, Andrea Wechsler, Eva Maydell, Pekka Toveri, Christian Ehler ITRE · LIBE
(28) In order to assess whether researchan activity meets the conditions of being scientific research for the purpose of this Regulation, account canshould be taken of elementsthe suchfollowing ascharacteristics: methodologicalnovelty, creativity, uncertainty, systematic and systematic approach applied while conducting the research in the specific areatransferable/reproducible. Research and technology developmentConsideration should be conducted in academic, industry and other settings, including small and medium-sized undertakings, (Article 179(2) TFEU) and shouldalso be always of a of high quality and should adheregiven to the principlespurpose of principlesthe of reliabilityactivity, honestywhich should primarily aim at new findings, respectbased on original concepts (and accountabilitytheir (verifiabilityinterpretation) or hypotheses. The Frascati Manual will be the main reference for this assessment.
Alternative wording Amendment 241 · Ondřej Krutílek ITRE · LIBE
(28) In order to assess whether research meets the conditions of scientific research for the purpose of this Regulation, account can be taken of elements such as methodological and systematic approach applied while conducting the research in the specific area. Research and technology development should be conducted in academic, industry and other settings, including small and medium-sized undertakings, (Article 179(2) TFEU) and should be always of a of high quality and should adhere to the principles of principles of reliability, honesty, respect and accountability (verifiability).
Justification

It might be too much to require the research to be reliable, in particular on the scientific frontier. Verifiability in the Popperian sense (falsifiability) should be required, however questionable is whether adding sometimes unclear and sometimes contradictory notions of “autonomy” and “oversight” or “independence” and “accountability” would clarify the definition and simplify its usage.