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Digital Omnibus proposal

Recital 32

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

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

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Institutional text

European Commission proposal

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

Commission source wording and instructions

Recital 32

Commission proposal

The processing of personal data for scientific research purposes and the application of the GDPR’s provisions on scientific research are conditional on the adoption of appropriate safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) GDPR. To that end, the GDPR balances the right to protection of personal data, pursuant to Article 8 CFREU, with the freedom of science, pursuant to Article 13 CFREU. The processing of personal data for the purpose of scientific research therefore pursues a legitimate interest within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, provided that such research is not contrary to Union or Member State law. This is without prejudice to the obligation of the controller to ensure that all other conditions of Article 6(1)(f) of Regulation (EU) 2016/679 as well as all other requirements and principles of that Regulation are met.

Institutional text

Council Presidency texts

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

Recital 32

May Presidency compromise

The processing of personal data for scientific research purposes and the application of the GDPR’s provisions on scientific research are conditional on the adoption of appropriate safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) GDPR. To that end, the GDPR balances the right to protection of personal data, pursuant to Article 8 CFREU, with the freedom of science, pursuant to Article 13 CFREU. The processing of personal data for the purpose of scientific research can follow public interest within the meaning of Article 6(1)(e) of Regulation (EU) 2016/679 or be based on Member States and Union law. The processing of personal data for the purpose of scientific research may also be necessary for the purposes of the legitimate interests pursued by a controller or by a third party within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, provided that such research is not contrary to Union or Member State law. This is without prejudice to the obligation of the controller to ensure that all other conditions of Article 6(1)(f) of Regulation (EU) 2016/679 as well as all other requirements and principles of that Regulation are met.

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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Political group at the amendment date where available; otherwise the current Parliament affiliation.

Alternative wording Amendment 3 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
(32) The processing of personal data for scientific research purposes and the application of the GDPR’s provisions on scientific research of Regulation (EU) 2016/679 are conditional on the adoption of appropriate safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) GDPRof Regulation (EU) 2016/679. To that end, the GDPR balancesseeks to ensure a proportionate balance between the right to protection of personal data, pursuant to Article 8 of the Charter of Fundamental Rights of the European Union (the ‘CFREU’), withand the freedom of science, pursuant to Article 13 CFREU. The processing of personal data for the purpose of scientific research therefore pursues a legitimate interest within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, provided that such research is not contrary to Union or Member State law. This is without prejudice to the obligation of the controller to ensure that all other conditions of Article 6(1)(f) of Regulation (EU) 2016/679 as well as all other requirements and principles of that Regulation are met.
Remove proposed wording Amendment 119 · David Cormand JURI
(32) The processing of personal data for scientific research purposes and the application of the GDPR’s provisions on scientific research are conditional on the adoption of appropriate safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) GDPR. To that end, the GDPR balances the right to protection of personal data, pursuant to Article 8 CFREU, with the freedom of science, pursuant to Article 13 CFREU. The processing of personal data for the purpose of scientific research therefore pursues a legitimate interest within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, provided that such research is not contrary to Union or Member State law. This is without prejudice to the obligation of the controller to ensure that all other conditions of Article 6(1)(f) of Regulation (EU) 2016/679 as well as all other requirements and principles of that Regulation are met.
Source identification

Header printed in the source: Recital 32

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 167 · David Cormand on behalf of the Verts/ALE Group IMCO
(32) The processing of personal data for scientific research purposes and the application of the GDPR’s provisions on scientific research are conditional on the adoption of appropriate safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) GDPR. To that end, the GDPR balances the right to protection of personal data, pursuant to Article 8 CFREU, with the freedom of science, pursuant to Article 13 CFREU. The processing of personal data for the purpose of scientific research therefore pursues a legitimate interest within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, provided that such research is not contrary to Union or Member State law. This is without prejudice to the obligation of the controller to ensure that all other conditions of Article 6(1)(f) of Regulation (EU) 2016/679 as well as all other requirements and principles of that Regulation are met.
Source identification

Header printed in the source: Recital 32

Deletion marker printed in the source: deleted

Alternative wording Amendment 168 · Sophia Kircher IMCO
(32) The processing of personal data for scientific research purposes and the application of the GDPR’s provisions on scientific research are conditional on the adoption of appropriate safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) GDPR. To that end, the GDPR balancesseeks to ensure a proportionate balance between the right to protection of personal data, pursuant to Article 8 CFREU, with the freedom of science, pursuant to Article 13 CFREU. The processing of personal data for the purpose of scientific research therefore pursues a legitimate interest within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, provided that such research is not contrary to Union or Member State law. This is without prejudice to the obligation of the controller to ensure that all other conditions of Article 6(1)(f) of Regulation (EU) 2016/679 as well as all other requirements and principles of that Regulation are met.
Alternative wording Amendment 281 · Pernando Barrena Arza ITRE · LIBE
(32) The processing of personal data for scientific research purposes and the application of the GDPR’s provisions on scientific research are conditional on the adoption of appropriate safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) GDPR. To that end, the GDPR balances the right to protection of personal data, pursuant to Article 8 CFREU, with the freedom of science, pursuant to Article 13 CFREU. The processing of personal dataProcessing for the purpose of scientific research thereforepurposes pursuesmay, where appropriate, rely on a legitimatelegal interestbasis withinprovided thefor meaningin ofRegulation (EU) 2016/679. Where a controller relies on Article 6(1)(f), it must demonstrate, in the specific circumstances of Regulationthe (EU) 2016/679processing, provided that suchthe processing is necessary for the legitimate interests pursued and that those interests are not overridden by the interests or fundamental rights and freedoms of the data subject. Ordinary product optimisation, behavioural advertising, engagement optimisation, commercial profiling, customer analytics, or the development, training or optimisation of artificial intelligence systems shall not qualify as scientific research merely because they involve systematic analysis, testing or technical experimentation. This is notwithout contraryprejudice to Unionlegitimate public-interest, qualitative, critical, civil society or Memberparticipatory Stateresearch, lawwhere carried out according to recognised methodological and ethical standards and subject to appropriate safeguards under Article 89(1). This is without prejudice to the obligation of the controller to ensure that all other conditions of Article 6(1)(f) of Regulation (EU) 2016/679 as well as all other requirements and principles of that Regulation are met.
Alternative wording Amendment 282 · Verena Mertens ITRE · LIBE
(32) The processing of personal data for scientific research purposes and the application of the GDPR’s provisions on scientific research are conditional on the adoption of appropriate safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) GDPR. To that end, the GDPR balances the right to protection of personal data, pursuant to Article 8 CFREU, with the freedom of science, pursuant to Article 13 CFREU. Directive (EU) 2016/680 constitutes the lex specialis governing the processing of personal data by competent authorities for law enforcement purposes and provides the specific data protection framework applicable to such processing. The obligations laid down in this Regulation should therefore be interpreted and applied in a manner that avoids unnecessary duplication of safeguards and administrative obligations already ensured under Directive (EU) 2016/680 and national law. The processing of personal data for the purpose of scientific research therefore pursues a legitimate interest within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, provided that such research is not contrary to Union or Member State law. This is without prejudice to the obligation of the controller to ensure that all other conditions of Article 6(1)(f) of Regulation (EU) 2016/679 as well as all other requirements and principles of that Regulation are met.
Alternative wording Amendment 283 · Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec ITRE · LIBE
(32) The processing of personal data for scientific research purposes and the application of the GDPR’s provisions on scientific research are conditional on the adoption of appropriate safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) GDPR. To that end, the GDPR balancesseeks to ensure a proportionate balance between the right to protection of personal data, pursuant to Article 8 CFREU, withand the freedom of science, pursuant to Article 13 CFREU. The processing of personal data for the purpose of scientific research therefore pursues a legitimate interest within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, provided that such research is not contrary to Union or Member State law. This is without prejudice to the obligation of the controller to ensure that all other conditions of Article 6(1)(f) of Regulation (EU) 2016/679 as well as all other requirements and principles of that Regulation are met.
Alternative wording Amendment 284 · Angelika Winzig ITRE · LIBE
(32) The processingadoption of appropriate safeguards ensuring the rights and freedoms of data subjects pursuant to Article 89(1) Regulation (EU) 2016/679, is necessary in order to process personal data for scientific research purposes and theto application ofapply the GDPR’s provisions on scientific research are conditional on the adoption of appropriateRegulation safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1EU) GDPR2016/679. To that end, the GDPR balancesseeks to ensure a proportionate balance between the right to protection of personal data, pursuant to Article 8 of the Charter of Fundamental Rights of the European Union (the ‘CFREU’), withand the freedom of science, pursuant to Article 13 CFREU. The processing of personal data for the purpose of scientific research therefore pursues a legitimate interest within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, provided that such research is not contrary to Union or Member State law. This is without prejudice to the obligation of the controller to ensure that all other conditions of Article 6(1)(f) of Regulation (EU) 2016/679 as well as all other requirements and principles of that Regulation are met.
Alternative wording Amendment 285 · Diana Iovanovici Şoşoacă ITRE · LIBE
(32) The processing of personal data for scientific research purposes and the application of the GDPR’s provisions on scientific research are conditional on the adoption of appropriate safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) GDPR. To that end, the GDPR balances the right to protection of personal data, pursuant to Article 8 CFREU, with the freedom of science, pursuant to Article 13 CFREU. The processing of personal data for the purpose of scientific research therefore pursues a legitimate interest within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, provided that such research is not contrary to Union or Member State law and the informed consent of the data subjects who are the subject of the research has been obtained. This is without prejudice to the obligation of the controller to ensure that all other conditions of Article 6(1)(f) of Regulation (EU) 2016/679 as well as all other requirements and principles of that Regulation are met.
Alternative wording Amendment 286 · Alex Agius Saliba ITRE · LIBE
(32) The processing of personal data for scientific research purposes and the application of the GDPR’s provisions on scientific research are conditional on the adoption of appropriate safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) GDPR. To that end, the GDPR aims at ensuring proportionate balances between the right to protection of personal data, pursuant to Article 8 CFREU, with the freedom of science, pursuant to Article 13 CFREU. The processing of personal data for the purpose of scientific research thereforemay pursuesbe necessary for the purposes of a legitimate interest within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, provided that such research is not contrary to Union or Member State law. This is without prejudice to the obligation of the controller to ensure that all other conditions of Article 6(1)(f) of Regulation (EU) 2016/679 as well as all other requirements and principles of that Regulation are met.
Alternative wording Amendment 287 · Sebastian Tynkkynen, Diego Solier ITRE · LIBE
(32) The processing of personal data for scientific research purposes and the application of the GDPR’s provisions on scientific research, which may also pursue an additional commercial interest, are conditional on the adoption of appropriate safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) GDPR. To that end, the GDPR balances the right to protection of personal data, pursuant to Article 8 CFREU, with the freedom of science, pursuant to Article 13 CFREU. The processing of personal data for the purpose of scientific research therefore pursues a legitimate interest within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, provided that such research is not contrary to Union or Member State law. This is without prejudice to the obligation of the controller to ensure that all other conditions of Article 6(1)(f) of Regulation (EU) 2016/679 as well as all other requirements and principles of that Regulation are met.
Alternative wording Amendment 288 · Markéta Gregorová on behalf of the Verts/ALE Group ITRE · LIBE
(32) The processing of personal data for scientific research purposes and the application of the GDPR’s provisions on scientific research are conditional on the adoption of appropriate safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) GDPR. To that end, the GDPR balances the right to protection of personal data, pursuant to Article 8 CFREU, with the freedom of science, pursuant to Article 13 CFREU. The processing of personal data for the purpose of scientific research therefore pursuescan abe legitimateconsidered interestcompatible withinwith the meaningpurpose offor Articlewhich 6(1)(f)the ofpersonal Regulationdata (EU)originally 2016/679was collected, provided that such research is not contrary to Union or Member State law. This is without prejudice to the obligation of the controller to ensure that all other conditions of Article 6(1)(f) of Regulation (EU) 2016/679 as well as all other requirements and principles of that Regulation are met.
Alternative wording Amendment 289 · Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Andrea Wechsler, Eva Maydell, Oliver Schenk, Christian Ehler ITRE · LIBE
(32) The processing of personal data for scientific research purposes and the application of the GDPR’s provisions on scientific research are conditional on the adoption of appropriate safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) GDPR. To that end, the GDPR balancesseeks to ensure a proportionate balance between the right to protection of personal data, pursuant to Article 8 CFREU, with the freedom of science, pursuant to Article 13 CFREU. The processing of personal data for the purpose of scientific research therefore pursues a legitimate interest within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, provided that such research is not contrary to Union or Member State law. This is without prejudice to the obligation of the controller to ensure that all other conditions of Article 6(1)(f) of Regulation (EU) 2016/679 as well as all other requirements and principles of that Regulation are met.
Alternative wording Amendment 290 · João Oliveira ITRE · LIBE
(32) The processing of personal data for scientific research purposes and the application of the GDPR’s provisions on scientific research are conditional on the adoption of appropriate safeguards for the rights and freedoms of data subjects, pursuant to Article 89(1) GDPR. To that end, the GDPR balancesshould aim to strike an appropriate and sensible balance between the right to protection of personal data, pursuant to Article 8 CFREU, withand the freedom of science, pursuant to Article 13 CFREU., Theprovided processing of personal data forthat the purpose of scientific research thereforeconducted pursuesis not contrary to Union or Member State law. Where the controller intends to process data in pursuit of a legitimate interest within the meaning of Article 6(1)(f) of Regulation (EU) 2016/679, providedit thatmust suchensure researchmandatory iscompliance notwith contrary to Union or Member State law. This is without prejudice to the obligationall of the controller to ensure that all other conditions of that Article 6(1)(f) of Regulation (EU) 2016/679 as well as all other requirements and principles of that Regulation are met.