GDPR · Regulation (EU) 2016/679
Article 34
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Article total: 3 parts · 0 Council drafts · 3 Parliament amendments
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Additional proposed wording Amendment 255 · Mario Mantovani JURI
8a. In Article 34, paragraph 1a is added:
The European Data Protection Board shall draw up a common, comprehensive list of the circumstances in which a breach is deemed to be high risk.
Justification
If simplification is to be effective, legal certainty is a must.
against:
Article 34
Communication of a personal data breach to the data subject
- 1.
When the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall communicate the personal data breach to the data subject without undue delay.
- 1a.
The European Data Protection Board shall draw up a common, comprehensive list of the circumstances in which a breach is deemed to be high risk.
- 2.
The communication to the data subject referred to in paragraph 1 of this Article shall describe in clear and plain language the nature of the personal data breach and contain at least the information and measures referred to in points (b), (c) and (d) of Article 33(3).
- 3.
The communication to the data subject referred to in paragraph 1 shall not be required if any of the following conditions are met:
- (a)
the controller has implemented appropriate technical and organisational protection measures, and those measures were applied to the personal data affected by the personal data breach, in particular those that render the personal data unintelligible to any person who is not authorised to access it, such as encryption;
- (b)
the controller has taken subsequent measures which ensure that the high risk to the rights and freedoms of data subjects referred to in paragraph 1 is no longer likely to materialise;
- (c)
it would involve disproportionate effort. In such a case, there shall instead be a public communication or similar measure whereby the data subjects are informed in an equally effective manner.
- (a)
- 4.
If the controller has not already communicated the personal data breach to the data subject, the supervisory authority, having considered the likelihood of the personal data breach resulting in a high risk, may require it to do so or may decide that any of the conditions referred to in paragraph 3 are met.
Additional proposed wording Amendment 1201 · Angelika Niebler, Monika Hohlmeier ITRE · LIBE
8a. Article 34, paragraph 2 is amended as follows
The communication to the data subject referred to in paragraph 1 of this Article shall describe in clear and plain language the nature of the personal data breach and contain at least the information and measures referred to in points (b), (c) and (d) of Article 33(3) and, where possible, the categories of personal data records concerned.
against:
Article 34
Communication of a personal data breach to the data subject
- 1.
When the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall communicate the personal data breach to the data subject without undue delay.
- 2.
The communication to the data subject referred to in paragraph 1 of this Article shall describe in clear and plain language the nature of the personal data breach and contain at least the information and measures referred to in points (b), (c) and (d) of Article 33(3) and, where possible, the categories of personal data records concerned.
- 3.
The communication to the data subject referred to in paragraph 1 shall not be required if any of the following conditions are met:
- (a)
the controller has implemented appropriate technical and organisational protection measures, and those measures were applied to the personal data affected by the personal data breach, in particular those that render the personal data unintelligible to any person who is not authorised to access it, such as encryption;
- (b)
the controller has taken subsequent measures which ensure that the high risk to the rights and freedoms of data subjects referred to in paragraph 1 is no longer likely to materialise;
- (c)
it would involve disproportionate effort. In such a case, there shall instead be a public communication or similar measure whereby the data subjects are informed in an equally effective manner.
- (a)
- 4.
If the controller has not already communicated the personal data breach to the data subject, the supervisory authority, having considered the likelihood of the personal data breach resulting in a high risk, may require it to do so or may decide that any of the conditions referred to in paragraph 3 are met.
Alternative wording Amendment 1202 · Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec ITRE · LIBE
against:
Article 34
Communication of a personal data breach to the data subject
- 1.
When the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall communicate the personal data breach to the data subject without undue delay.
- 2.
The communication to the data subject referred to in paragraph 1 of this Article shall describe in clear and plain language the nature of the personal data breach and contain at least the information and measures referred to in points (b), (c) and (d) of Article 33(3).
- 3.
The communication to the data subject referred to in paragraph 1 shall not be required if any of the following conditions are met:(a)the controller has implemented appropriate technical and organisational protection measures, and those measures were applied to the personal data affected by the personal data breach, in particular those that render the personal data unintelligible to any person who is not authorised to access it, such as encryption;(b)the controller has taken subsequent measures which ensure that the high risk to the rights and freedoms of data subjects referred to in paragraph 1 is no longer likely to materialise;(c)it would involve disproportionate effort. In such a case, there shall instead be a public communication or similar measure whereby the data subjects are informed in an equally effective manner.
- (a)
the controller has implemented appropriate technical and organisational protection measures, and those measures were applied to the personal data affected by the personal data breach, in particular those that render the personal data unintelligible to any person who is not authorised to access it, such as encryption; - (b)
the controller has taken subsequent measures which ensure that the high risk to the rights and freedoms of data subjects referred to in paragraph 1 is no longer likely to materialise; - (c)
it would involve disproportionate effort. In such a case, there shall instead be a public communication or similar measure whereby the data subjects are informed in an equally effective manner.
- (a)
- 4.
If the controller has not already communicated the personal data breach to the data subject, the supervisory authority, having considered the likelihood of the personal data breach resulting in a high risk, may require it to do so or may decide that any of the conditions referred to in paragraph 3 are met.
- 4a.
The Board shall establish and make public a list of the circumstances in which a personal data breach is likely to result in a high risk to the rights and freedoms of a natural person under paragraph 1.
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Article 34
Wording reproduced in the amendment → Amendment 1202 · ITRE–LIBE amendments 1053–1260 to the draft report
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