Data Act · Regulation (EU) 2023/2854
Article 15b
Compare the available Commission, Council and Parliament texts and amendments affecting this article.
Article total: 1 part · 0 Council drafts · 2 Parliament amendments
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New operation deleting existing wording Amendment 31 JURI draft opinion · Brando Benifei (rapporteur)
new Parliament proposal instruction expressly deletes existing law
7a. the following Article 15b is inserted
Article 15b
Obligation to make data available for clearly defined public-interest purposes outside public emergencies
A public sector body, the Commission, the European Central Bank, or a Union body may request data from a data holder where the requested data are strictly necessary for the performance of a task carried out in the public interest and where the objective cannot reasonably be achieved by other means under equivalent conditions.
Requests under paragraph 1 shall be limited to clearly defined public-interest purposes laid down in Union or Member State law, including public health, environmental protection, market surveillance, consumer protection, fundamental rights protection, public-interest research, and the production of official statistics.
Requests under this Article shall be specific, necessary, proportionate, time-limited, and limited to the minimum data necessary for the stated purpose.
Requests shall concern non-personal data. Where non-personal data are insufficient and personal data are strictly necessary, such data may be requested only where a valid legal basis exists under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)1 and subject to prior consultation with the competent supervisory authority where the processing is likely to result in a high risk to the rights and freedoms of natural persons.
Data made available under this Article shall be subject to purpose limitation, data minimisation, security, deletion or return obligations, transparency, and independent oversight.
Each request and its legal basis, purpose, data categories, recipient, and duration shall be recorded in a public register, except where publication would seriously undermine the purpose of the request. In such cases, delayed publication shall be required.’;
__________________
1a OJ L 119, 4.5.2016, p. 1.
Justification
This amendment restores a targeted framework for business-to-government data sharing for clearly defined public-interest purposes beyond public emergencies. It ensures that public authorities may continue to access strategically important data where strictly necessary, while introducing stronger safeguards on necessity, proportionality, transparency and legal certainty.
against:
Article 15b
Obligation to make data available for clearly defined public-interest purposes outside public emergencies
- 1.
A public sector body, the Commission, the European Central Bank, or a Union body may request data from a data holder where the requested data are strictly necessary for the performance of a task carried out in the public interest and where the objective cannot reasonably be achieved by other means under equivalent conditions.
- 2.
Requests under paragraph 1 shall be limited to clearly defined public-interest purposes laid down in Union or Member State law, including public health, environmental protection, market surveillance, consumer protection, fundamental rights protection, public-interest research, and the production of official statistics.
- 3.
Requests under this Article shall be specific, necessary, proportionate, time-limited, and limited to the minimum data necessary for the stated purpose.
- 4.
Requests shall concern non-personal data. Where non-personal data are insufficient and personal data are strictly necessary, such data may be requested only where a valid legal basis exists under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)1 and subject to prior consultation with the competent supervisory authority where the processing is likely to result in a high risk to the rights and freedoms of natural persons.
- 5.
Data made available under this Article shall be subject to purpose limitation, data minimisation, security, deletion or return obligations, transparency, and independent oversight.
- 6.
Each request and its legal basis, purpose, data categories, recipient, and duration shall be recorded in a public register, except where publication would seriously undermine the purpose of the request. In such cases, delayed publication shall be required.’; __________________ 1a OJ L 119, 4.5.2016, p. 1.
Article 15b
Obligation to make data available for clearly defined public-interest purposes outside public emergencies
- 1.
A public sector body, the Commission, the European Central Bank, or a Union body may request data from a data holder where the requested data are strictly necessary for the performance of a task carried out in the public interest and where the objective cannot reasonably be achieved by other means under equivalent conditions.
- 2.
Requests under paragraph 1 shall be limited to clearly defined public-interest purposes laid down in Union or Member State law, including public health, environmental protection, market surveillance, consumer protection, fundamental rights protection, public-interest research, and the production of official statistics.
- 3.
Requests under this Article shall be specific, necessary, proportionate, time-limited, and limited to the minimum data necessary for the stated purpose.
- 4.
Requests shall concern non-personal data. Where non-personal data are insufficient and personal data are strictly necessary, such data may be requested only where a valid legal basis exists under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)1 and subject to prior consultation with the competent supervisory authority where the processing is likely to result in a high risk to the rights and freedoms of natural persons.
- 5.
Data made available under this Article shall be subject to purpose limitation, data minimisation, security, deletion or return obligations, transparency, and independent oversight.
- 6.
Each request and its legal basis, purpose, data categories, recipient, and duration shall be recorded in a public register, except where publication would seriously undermine the purpose of the request. In such cases, delayed publication shall be required.’; __________________ 1a OJ L 119, 4.5.2016, p. 1.
Additional proposed wording Amendment 188 · David Cormand JURI
7a. the following Article 15b is inserted
Obligation to make data available for exceptional needs other than public emergencies
A public sector body, the Commission, the European Central Bank, or a Union body may request non-personal data from a data holder where the requested data are strictly necessary for the performance of a task carried out in the public interest and where the objective cannot reasonably be achieved by other means under equivalent conditions.
Requests under paragraph 1 shall be limited to clearly defined public-interest purposes laid down in Union or Member State law, including public health, environmental protection, market surveillance, consumer protection, fundamental rights protection, public-interest research, and the production of official statistics.
Requests under this Article shall be specific, necessary, proportionate, time-limited, and limited to the minimum data necessary for the stated purpose.
Data made available under this Article shall be subject to purpose limitation, data minimisation, security, deletion or return obligations, transparency, and independent oversight.
Each request and its legal basis, purpose, data categories, recipient, and duration shall be recorded in a public register, except where publication would seriously undermine the purpose of the request. In such cases, delayed publication shall be required.
against:
Article 15b
Obligation to make data available for exceptional needs other than public emergencies
- 1.
A public sector body, the Commission, the European Central Bank, or a Union body may request non-personal data from a data holder where the requested data are strictly necessary for the performance of a task carried out in the public interest and where the objective cannot reasonably be achieved by other means under equivalent conditions.
- 2.
Requests under paragraph 1 shall be limited to clearly defined public-interest purposes laid down in Union or Member State law, including public health, environmental protection, market surveillance, consumer protection, fundamental rights protection, public-interest research, and the production of official statistics.
- 3.
Requests under this Article shall be specific, necessary, proportionate, time-limited, and limited to the minimum data necessary for the stated purpose.
- 4.
Data made available under this Article shall be subject to purpose limitation, data minimisation, security, deletion or return obligations, transparency, and independent oversight.
- 6.
Each request and its legal basis, purpose, data categories, recipient, and duration shall be recorded in a public register, except where publication would seriously undermine the purpose of the request. In such cases, delayed publication shall be required.
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