Data Act· Article 17
Text
Article 17 Data Act as printed in the Council text of 22 October 2026
Requests for data to be made available
Source Council, 22 October 2026. Article 17: ST 14756/26, page 74 · Article 17 · pp. 74–75 · exact text page
Article 17(1), introductory wording
When requesting data pursuant to Article 15a, a public sector body, the Commission, the European Central Bank or a Union body shall:
Article 17(1)(b)
demonstrate that the conditions for the request under Article 15a are met;
Article 17(1)(c)
explain the purpose of the request, the intended use of the data requested, including, where applicable, by a third party in accordance with paragraph 4 of this Article, the duration of that use, and, where relevant, how the processing of personal data is to address the public emergency;;
Article 17(2)(c)
be proportionate to the public emergency and duly justified, regarding the granularity and volume of the data requested and the frequency of access to the data requested;;
Article 17(2)(e)
The Council draft deletes this provision and supplies no replacement wording. Open the official source to read the instruction in context.
The amending passage as printed
(ii) point (e) is deleted.
Article 17(2)(i)
(i)where personal data are requested, be notified without undue delay to the supervisory authority responsible for monitoring the application of Regulation (EU) 2016/679 in the Member State where the public sector body is established or to the EDPS where the request is made by the Commission, the European Central Bank or a Union body.
Article 17(4)
Paragraph 3 of this Article does not preclude a public sector body, the Commission, the European Central Bank or a Union body to exchange data obtained pursuant to this Chapter with another public sector body or the Commission, the European Central Bank or a Union body in view of completing the tasks referred to in Article 15a, as specified in the request in accordance with paragraph 1, point (f), of this Article or to make the data available to a third party where it has delegated, by means of a publicly available agreement, technical inspections or other functions to that third party. The obligations on public sector bodies pursuant to Article 19, in particular safeguards to preserve the confidentiality of trade secrets, shall apply also to such third parties. Where a public sector body, the Commission, the European Central Bank or a Union body transmits or makes data available under this paragraph, it shall notify the data holder from whom the data was received without undue delay.
Article 17(5)
The Council draft deletes this provision and supplies no replacement wording. Open the official source to read the instruction in context.
The amending passage as printed
(c) paragraphs 5 and 6 are deleted;
Article 17(6)
The amending passage as printed
(c) paragraphs 5 and 6 are deleted;
How the provision changed
Each text against the law in forceEach text against the text before it
| What each text would do to the law in force | ||||||
|---|---|---|---|---|---|---|
| Element | Commission19 Nov 2025Art 17 | Council10 Jun 2026Art 17 | Council18 Jun 2026Art 17 | Council3 Sep 2026Art 17 | Council2 Oct 2026Art 17 | Council22 Oct 2026Art 17 |
| Compared with | law in force | the proposal | 10 Jun text | 18 Jun text | 3 Sep text | 2 Oct text |
| From the Commission’s Article 17 | ||||||
| Demonstrating that the request conditions are met | 17(1)(b) Adds Added | 17(1)(b) Adds, changed since the proposal Changed | 17(1)(b) Adds Unchanged | 17(1)(b) Adds Unchanged | 17(1)(b) Adds Unchanged | 17(1)(b) Adds Unchanged |
| Explaining the purpose and intended use of the data | 17(1)(c) Adds Added | 17(1)(c) Adds Unchanged | 17(1)(c) Adds Unchanged | 17(1)(c) Adds Unchanged | 17(1)(c) Adds Unchanged | 17(1)(c) Adds Unchanged |
| Introductory wording for the duties of requesting bodies | 17(1), introductory wording Adds Added | 17(1), introductory wording Adds Unchanged | 17(1), introductory wording Adds Unchanged | 17(1), introductory wording Adds Unchanged | 17(1), introductory wording Adds Unchanged | 17(1), introductory wording Adds Unchanged |
| Proportionate and duly justified requests | 17(2)(c) Adds Added | 17(2)(c) Adds Unchanged | 17(2)(c) Adds Unchanged | 17(2)(c) Adds Unchanged | 17(2)(c) Adds Unchanged | 17(2)(c) Adds Unchanged |
| Added in the Council texts | ||||||
| Notifying the supervisory authority when personal data are requested | Not in the law in force or this text In neither text | 17(2)(i) Adds, added since the proposal Added | 17(2)(i) Adds Unchanged | 17(2)(i) Adds Unchanged | 17(2)(i) Adds Unchanged | 17(2)(i) Adds Unchanged |
| Sharing obtained data with other public bodies and delegated third parties | Not in the law in force or this text In neither text | 17(4) Adds, added since the proposal Added | 17(4) Adds Unchanged | 17(4) Adds Unchanged | 17(4) Adds Unchanged | 17(4) Adds Unchanged |
Each text against the law in force: +Adds adds a provision the law in force lacks— neither the law in force nor the text has it changed from the text before
Each text against the text before it: +Added in this text, not in the text before~Changed wording changed=Unchanged same as the text before— in neither text
Parliament amendments
15 amendments to this article
5 would delete the wording, 6 propose alternative wording and 4 would add wording.
| Type | S&D | Greens/EFA | Renew | Rapporteur |
|---|---|---|---|---|
| − Deletion | · | 1 | 2 | 2 |
| ~ Alternative | 1 | 1 | 2 | 2 |
| + Addition | · | 2 | 1 | 1 |
By political group
- − Deletion Greens/EFA 1 Renew 2 Rapporteur 2
- ~ Alternative S&D 1 Greens/EFA 1 Renew 2 Rapporteur 2
- + Addition Greens/EFA 2 Renew 1 Rapporteur 1
Show
Paragraph (1)(b)1 amendment
189 −Deletion Laurence FarrengRenew · JURI Deletes the introductory wording
Tracker noteThe amendment names this article, but which paragraph or point it changes has not been automatically established, so it is not yet linked to a specific point.
9. Article 17 is amended as follows: (a) paragraph 1 is amended as follows: (i) the introductory wording is replaced by the following: ‘When requesting data pursuant to Article 15a, a public sector body, the Commission, the European Central Bank or a Union body shall:;’ (b) demonstrate that the conditions to make a request under Article 15a are met; (c) explain the purpose of the request, the intended use of the data requested, including, where applicable, by a third party in accordance with paragraph 4 of this Article, the duration of that use, and, where relevant, how the processing of personal data is to address the public emergency;;’ (i) point (c) is replaced by the following: (c) be proportionate to the public emergency and duly justified, regarding the granularity and volume of the data requested and the frequency of access to the data requested;;’ (c) paragraphs 5 and 6 are deleted;- Tabled by
- Laurence Farreng
- Group
- Renew
- Targets
- Data Act Article 17
- Document
- JURI amendments 69–296 to the draft opinion
- Source
- Official text, page 106
- Printed header
- Article 1 – paragraph 1 – point 9 / Regulation (EU) 2023/2854 / Article 17
Paragraph (1)(c)1 amendment
657 ~Alternative Michael McNamara +4Renew · ITRE–LIBE “and how it will respond to”
(c) explain the purpose of the request, the intended use of the data requested, including, where applicable, by a third party in accordance with paragraph 4 of this Article, the duration of that use, and
, where relevant,how the processing of personal data is necessary to address and how it will respond to the public emergency;;- Tabled by
- Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler
- Group
- Renew
- Targets
- Data Act Article 17(1)(c)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 9 – point a – point ii / Regulation (EU) 2023/2854 / Article 17 – paragraph 1 – point c
Paragraph (2)(c)3 amendments
48 ~Alternative Alex Agius Saliba (rapporteur)Rapporteur · IMCO “be proportionate to the exceptional needs of the public emergency and duly justified, regarding the granularity and volume of the data requested and…”
(c) be proportionate to the exceptional needs of the public emergency and duly justified, regarding the granularity and volume of the data requested and the frequency of access to the data requested;;
- Rapporteur
- Alex Agius Saliba
- Group
- Rapporteur
- Targets
- Data Act Article 17(2)(c)
- Document
- IMCO draft opinion
- Printed header
- Article 1 – paragraph 1 – point 9 – point b – point i / Regulation (EU) 2023/2854 / Article 17 – paragraph 2 – point c
659 ~Alternative Elena Sancho Murillo +6S&D · ITRE–LIBE “be proportionate to the exceptional needs of the public emergency and duly justified, regarding the granularity and volume of the data requested and…”
(c) be proportionate to the exceptional needs of the public emergency and duly justified, regarding the granularity and volume of the data requested and the frequency of access to the data requested;;
Justification
Brings back current wording of the Data Act
- Tabled by
- Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba
- Group
- S&D
- Targets
- Data Act Article 17(2)(c)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 9 – point b – point i / Regulation (EU) 2023/2854 / Article 17 – paragraph 2 – point c
660 ~Alternative Michael McNamara +4Renew · ITRE–LIBE “be strictly proportionate to the public emergency and duly justified, regarding the granularity and volume of the data requested and the frequency of…”
(c) be strictly proportionate to the public emergency and duly justified, regarding the granularity and volume of the data requested and the frequency of access to the data requested;
;- Tabled by
- Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler
- Group
- Renew
- Targets
- Data Act Article 17(2)(c)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Source
- Official text, page 105
- Printed header
- Article 1 – paragraph 1 – point 9 – point b – point i / Regulation (EU) 2023/2854 / Article 17 – paragraph 2 – point c
Paragraph (2)(e)4 amendments
17 −Deletion Aura Salla and Marina Kaljurand (rapporteurs)Rapporteurs · ITRE–LIBE Deletes the Commission’s wording
(ii) point (e) is deleted.;- Rapporteurs
- Aura Salla and Marina Kaljurand
- Group
- Rapporteurs
- Targets
- Data Act Article 17 – paragraph 2 – subparagraph 1 – point e
- Document
- ITRE–LIBE draft report
- Source
- Official text, page 20
- Printed header
- Article 1 – paragraph 1 – point 9 – point b – point ii / Regulation (EU) 2023/2854 / Article 17 – paragraph 2 – subparagraph 1 – point e
49 −Deletion Alex Agius Saliba (rapporteur)Rapporteur · IMCO Deletes the Commission’s wording
(ii) point (e) is deleted.;Justification
Following the advice of the EDPB-EDPS joint opinion paragraphs 122-124.
- Rapporteur
- Alex Agius Saliba
- Group
- Rapporteur
- Targets
- Data Act Article 17(2)(e)
- Document
- IMCO draft opinion
- Source
- Official text, page 41
- Printed header
- Article 1 – paragraph 1 – point 9 – point b – point ii / Regulation (EU) 2023/2854 / Article 17 – paragraph 2 – point e
661 −Deletion Michael McNamara +4Renew · ITRE–LIBE Deletes the Commission’s wording
(ii) point (e) is deleted.;- Tabled by
- Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler
- Group
- Renew
- Targets
- Data Act Article 17 – paragraph 2 – subparagraph 1 – point e
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 9 – point b – point ii / Regulation (EU) 2023/2854 / Article 17 – paragraph 2 – subparagraph 1 – point e
662 −Deletion Damian BoeselagerGreens/EFA · ITRE–LIBE Deletes the Commission’s wording
(ii) point (e) is deleted.;- Tabled by
- Damian Boeselager on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- Data Act Article 17 – paragraph 2 – subparagraph 1 – point e
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Source
- Official text, page 106
- Printed header
- Article 1 – paragraph 1 – point 9 – point b – point ii / Regulation (EU) 2023/2854 / Article 17 paragraph 2 – subparagraph 1 – point e
New subparagraphs in paragraph 23 amendments
18 +Addition Aura Salla and Marina Kaljurand (rapporteurs)Rapporteurs · ITRE–LIBE “The Commission, the European Central Bank (ECB) or any of the Union Bodies, shall notify the European Data Protection Supervisor of their requests…”
(iia) the following subparagraph is added
The Commission, the European Central Bank (ECB) or any of the Union Bodies, shall notify the European Data Protection Supervisor of their requests for personal data.
- Rapporteurs
- Aura Salla and Marina Kaljurand
- Group
- Rapporteurs
- Targets
- Data Act Article 17 – paragraph 2 – subparagraph 2 a (new)
- Document
- ITRE–LIBE draft report
- Source
- Official text, page 21
- Printed header
- Article 1 – paragraph 1 – point 9 – point b – point ii a (new) / Regulation (EU) 2023/2854 / Article 17 – paragraph 2 – subparagraph 2 a (new)
658 +Addition Damian BoeselagerGreens/EFA · ITRE–LIBE “The Commission, the European Central Bank (ECB) or any of the Union Bodies, shall notify the European Data Protection Supervisor of their requests…”
(iia) In Article 17, paragraph 2, the following subparagraph is added
The Commission, the European Central Bank (ECB) or any of the Union Bodies, shall notify the European Data Protection Supervisor of their requests for personal data.
- Tabled by
- Damian Boeselager on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- Data Act Article 17 – paragraph 2 – subparagraph (new)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Source
- Official text, page 104
- Printed header
- Article 1 – paragraph 1 – point 9 – point a – point ii a (new) / Regulation (EU) 2023/2854 / Article 17 – paragraph 2 – subparagraph (new)
664 +Addition Michael McNamara +4Renew · ITRE–LIBE “Within six months of the request, the Commission, ECB and Union bodies shall notify the European Data Protection Superviser (EDPS) of their requests…”
i) In Article 17, paragraph 2, the following subparagraph is added
Within six months of the request, the Commission, ECB and Union bodies shall notify the European Data Protection Superviser (EDPS) of their requests for personal data, including how the requested personal data was used to respond to the public emergency and why the requested personal data was necessary to respond to the public emergency.
Within six months of the request, public sector bodies shall notify their supervisory authority within the meaning of Regulation (EU) 2016/679 and the European Data Protection Board (EDPB) of their requests for personal data, including how the requested personal data was used to respond to the public emergency and why the requested personal data was necessary to respond to the public emergency.
- Tabled by
- Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler
- Group
- Renew
- Targets
- Data Act Article 17 – paragraph 2 – subparagraph 2 a (new)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 9 – point c – point i (new) / Regulation (EU) 2023/2854 / Article 17 – paragraph 2 – subparagraph 2 a (new)
Paragraph (4)2 amendments
32 ~Alternative Brando Benifei (rapporteur)Rapporteur · JURI “Paragraph 3 of this Article does not preclude a public sector body, the Commission, the European Central Bank or a Union body to exchange data…”
(ba) paragraph 4 is replaced by the following:
4. Paragraph 3 of this Article does not preclude a public sector body, the Commission, the European Central Bank or a Union body to exchange data obtained pursuant to this Chapter with another public sector body or the Commission, the European Central Bank or a Union body in view of completing the tasks referred to in Article
1515a, as specified in the request in accordance with paragraph 1, point (f), of this Article or to make the data available to a third party where it has delegated, by means of a publicly available agreement, technical inspections or other functions to that third party. The obligations on public sector bodies pursuant to Article 19, in particular safeguards to preserve the confidentiality of trade secrets, shall apply also to such third parties. Where a public sector body, the Commission, the European Central Bank or a Union body transmits or makes data available under this paragraph, it shall notify the data holder from whom the data was received without undue delay.’;Justification
This amendment clarifies the conditions under which data obtained under Chapter V may be shared between public authorities or made available to delegated third parties. It strengthens operational cooperation in emergency situations while maintaining transparency obligations and safeguards for confidentiality and trade secret protection.
- Rapporteur
- Brando Benifei
- Group
- Rapporteur
- Targets
- Data Act Article 17 – paragraph 4
- Document
- JURI draft opinion
- Printed header
- Article 1 – paragraph 1 – point 9 – point b a (new) / Regulation (EU) 2023/2854 / Article 17 – paragraph 4
190 +Addition David CormandGreens/EFA · JURI “Paragraph 3 of this Article does not preclude a public sector body, the Commission, the European Central Bank or a Union body to exchange data…”
(ba) paragraph 4 is replaced by the following
4.Paragraph 3 of this Article does not preclude a public sector body, the Commission, the European Central Bank or a Union body to exchange data obtained pursuant to this Chapter with another public sector body or the Commission, the European Central Bank or a Union body in view of completing the tasks referred to in Article 15a, as specified in the request in accordance with paragraph 1, point (f), of this Article or to make the data available to a third party where it has delegated, by means of a publicly available agreement, technical inspections or other functions to that third party. The obligations on public sector bodies pursuant to Article 19, in particular safeguards to preserve the confidentiality of trade secrets, shall apply also to such third parties. Where a public sector body, the Commission, the European Central Bank or a Union body transmits or makes data available under this paragraph, it shall notify the data holder from whom the data was received without undue delay.
- Tabled by
- David Cormand
- Group
- Greens/EFA
- Targets
- Data Act Article 17 – paragraph 4
- Document
- JURI amendments 69–296 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 9 – point b a (new) / Regulation (EU) 2023/2854 / Article 17 – paragraph 4
Paragraph (6)1 amendment
663 ~Alternative Damian BoeselagerGreens/EFA · ITRE–LIBE “paragraphs 5 is deleted;”
(c) paragraphs 5
and 6 areis deleted;- Tabled by
- Damian Boeselager on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- Data Act Article 17(6)
- Document
- ITRE–LIBE amendments 527–776 to the draft report
- Source
- Official text, page 106
- Printed header
- Article 1 – paragraph 1 – point 9 – point c / Regulation 2023/2854 / Article 17 paragraph 6