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Data Act · Regulation (EU) 2023/2854

Article 32i

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

Article total: 11 parts · 3 Council drafts · 19 Parliament amendments

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Institutional text

European Commission proposal

All Commission’s changes to Data Act

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

Full article with Commission changes

Article with proposed changes

Official consolidated text dated 13 December 2023, with the Commission proposal change affecting this article applied.

Article 32i

Subject matter and scope

  1. 1.

    This Chapter establishes a set of rules governing the re-use and the practical arrangements for facilitating the re-use of the following:

    1. (a)

      existing data and documents held by public sector bodies of the Member States, including certain categories of protected data;

    2. (b)

      existing data and documents held by public undertakings that are:

      1. (i)

        active in the areas referred to in Chapter II of Directive 2014/25/EU of the European Parliament and of the Council;

      2. (ii)

        acting as public service operators pursuant to Article 2 of Regulation (EC) No 1370/2007 of the European Parliament and of the Council;

      3. (iii)

        acting as air carriers fulfilling public service obligations pursuant to Article 16 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council; or

      4. (iv)

        acting as Community shipowners fulfilling public service obligations pursuant to Article 4 of Council Regulation (EEC) No 3577/92 ;

    3. (c)

      research data pursuant to the conditions set out in Article 32t.

  2. 2.

    This Chapter does not apply to the following:

    1. (a)

      data and documents the supply of which is an activity falling outside the scope of the public task of the public sector bodies concerned as defined by law or by other binding rules in the Member State, or, in the absence of such rules, as defined in accordance with common administrative practice in the Member State in question, provided that the scope of the public tasks is transparent and subject to review;

    2. (b)

      data and documents held by public undertakings and:

      1. (i)

        produced outside the scope of the provision of services in the general interest as defined by law or other binding rules in the Member State;

      2. (ii)

        related to activities directly exposed to competition and therefore, pursuant to Article 34 of Directive 2014/25/EU, not subject to procurement rules;

    3. (c)

      data and documents, such as sensitive data, which are excluded from access by virtue of the access regimes in the Member State on grounds of the protection of national security (namely, State security), defence, or public security;

    4. (d)

      data and documents held by public service broadcasters and their subsidiaries, and by other bodies or their subsidiaries for the fulfilment of a public service broadcasting remit.

  3. 3.

    Section 2 of this Chapter does not apply to:

    1. (a)

      data or documents, such as sensitive data or documents, which are excluded from access by virtue of the access regimes in the Member State, including on grounds of:

      1. (i)

        statistical confidentiality;

      2. (ii)

        commercial confidentiality (including business, professional or company secrets);

    2. (b)

      data or documents access to which is restricted by virtue of the access regimes in the Member States,

      1. (i)

        including cases whereby citizens or legal entities have to prove a particular interest to obtain access to documents;

      2. (ii)

        on grounds of protection of personal data, and parts of data or documents accessible by virtue of those regimes which contain personal data the re- use of which has been defined by law as being incompatible with the law concerning the protection of individuals with regard to the processing of personal data or as undermining the protection of privacy and the integrity of the individual, in particular in accordance with Union or national law regarding the protection of personal data; logos, crests and insignia;

    3. (c)

      data or documents for which third parties hold intellectual property rights;

    4. (d)

      data or documents held by cultural establishments other than libraries, including university libraries, museums and archives;

    5. (e)

      data or documents held by educational establishments of secondary level and below, and, in the case of all other educational establishments, data other than those referred to in paragraph 1, point (c);

    6. (f)

      data or documents other than those referred to in paragraph 1, point (c), held by research performing organisations and research funding organisations, including organisations established for the transfer of research results;

    7. (g)

      Data or documents access to which is excluded or restricted on grounds of critical entity or critical infrastructure protection related information as defined in points (1) and (4) of Article 2 of Directive (EU) 2022/2557.

  4. 4.

    Section 3 of this Chapter does not apply to:

    1. (a)

      data and documents that are not certain categories of protected data;

    2. (b)

      data or documents held by public undertakings;

    3. (c)

      data or documents held by cultural establishments and educational establishments;

    4. (d)

      data and documents covered by Section 2 of this Chapter.

  5. 5.

    This Chapter builds on, and is without prejudice to, Union and national access regimes, in particular with regard to the granting of access to and disclosure of official documents.

  6. 6.

    The obligations imposed in accordance with this Chapter shall apply only insofar as they are compatible with the provisions of international agreements on the protection of intellectual property rights, in particular the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention), the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS Agreement and the World Intellectual Property Organization Copyright Treaty (WCT).

  7. 7.

    The right for the maker of a database provided for in Article 7(1) of Directive 96/9/EC shall not be exercised by public sector bodies in order to prevent the re-use of data and documents or to restrict re-use beyond the limits set by this Chapter.

  8. 8.

    This Chapter governs the re-use of existing data and documents held by public sector bodies and public undertakings of the Member States, including data and documents to which Directive 2007/2/EC of the European Parliament and of the Council applies.

  9. 9.

    This Chapter is without prejudice to Union and national law and international agreements to which the Union or Member States are party on the protection of categories of data or documents referred to in Article 2(54).

Commission source wording and instructions

Article 32i

Commission proposal

Article 32i Subject matter and scope (1) This Chapter establishes a set of rules governing the re-use and the practical arrangements for facilitating the re-use of the following: (a) existing data and documents held by public sector bodies of the Member States, including certain categories of protected data; (b) existing data and documents held by public undertakings that are: (i) active in the areas referred to in Chapter II of Directive 2014/25/EU of the European Parliament and of the Council; (ii) acting as public service operators pursuant to Article 2 of Regulation (EC) No 1370/2007 of the European Parliament and of the Council; (iii) acting as air carriers fulfilling public service obligations pursuant to Article 16 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council; or (iv) acting as Community shipowners fulfilling public service obligations pursuant to Article 4 of Council Regulation (EEC) No 3577/92 ; (c) research data pursuant to the conditions set out in Article 32t. (2) This Chapter does not apply to the following: (a) data and documents the supply of which is an activity falling outside the scope of the public task of the public sector bodies concerned as defined by law or by other binding rules in the Member State, or, in the absence of such rules, as defined in accordance with common administrative practice in the Member State in question, provided that the scope of the public tasks is transparent and subject to review; (b) data and documents held by public undertakings and: (i) produced outside the scope of the provision of services in the general interest as defined by law or other binding rules in the Member State; (ii) related to activities directly exposed to competition and therefore, pursuant to Article 34 of Directive 2014/25/EU, not subject to procurement rules; (c) data and documents, such as sensitive data, which are excluded from access by virtue of the access regimes in the Member State on grounds of the protection of national security (namely, State security), defence, or public security; (d) data and documents held by public service broadcasters and their subsidiaries, and by other bodies or their subsidiaries for the fulfilment of a public service broadcasting remit. (3) Section 2 of this Chapter does not apply to: (a) data or documents, such as sensitive data or documents, which are excluded from access by virtue of the access regimes in the Member State, including on grounds of: (i) statistical confidentiality; (ii) commercial confidentiality (including business, professional or company secrets); (b) data or documents access to which is restricted by virtue of the access regimes in the Member States, (i) including cases whereby citizens or legal entities have to prove a particular interest to obtain access to documents; (ii) on grounds of protection of personal data, and parts of data or documents accessible by virtue of those regimes which contain personal data the re-use of which has been defined by law as being incompatible with the law concerning the protection of individuals with regard to the processing of personal data or as undermining the protection of privacy and the integrity of the individual, in particular in accordance with Union or national law regarding the protection of personal data; logos, crests and insignia; (c) data or documents for which third parties hold intellectual property rights; (d) data or documents held by cultural establishments other than libraries, including university libraries, museums and archives; (e) data or documents held by educational establishments of secondary level and below, and, in the case of all other educational establishments, data other than those referred to in paragraph 1, point (c); (f) data or documents other than those referred to in paragraph 1, point (c), held by research performing organisations and research funding organisations, including organisations established for the transfer of research results; (g) Data or documents access to which is excluded or restricted on grounds of critical entity or critical infrastructure protection related information as defined in points (1) and (4) of Article 2 of Directive (EU) 2022/2557. (4) Section 3 of this Chapter does not apply to: (a) data and documents that are not certain categories of protected data; (b) data or documents held by public undertakings; (c) data or documents held by cultural establishments and educational establishments; (d) data and documents covered by Section 2 of this Chapter. (5) This Chapter builds on, and is without prejudice to, Union and national access regimes, in particular with regard to the granting of access to and disclosure of official documents. (6) The obligations imposed in accordance with this Chapter shall apply only insofar as they are compatible with the provisions of international agreements on the protection of intellectual property rights, in particular the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention), the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS Agreement and the World Intellectual Property Organization Copyright Treaty (WCT). (7) The right for the maker of a database provided for in Article 7(1) of Directive 96/9/EC shall not be exercised by public sector bodies in order to prevent the re-use of data and documents or to restrict re-use beyond the limits set by this Chapter. (8) This Chapter governs the re-use of existing data and documents held by public sector bodies and public undertakings of the Member States, including data and documents to which Directive 2007/2/EC of the European Parliament and of the Council applies. (9) This Chapter is without prejudice to Union and national law and international agreements to which the Union or Member States are party on the protection of categories of data or documents referred to in Article 2(54).

Institutional text

Council Presidency texts

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

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Article 32i

June Presidency compromise · 10 June

Council wording reconstructed for this provision from the official operation

Article 32i Subject matter and scope

(1)

This Chapter establishes a set of rules governing the re-use and the practical arrangements for facilitating the re-use of the following:

(a)

existing data and documents held by public sector bodies of the Member States, including certain categories of protected data;

(b)

existing data and documents held by public undertakings that are:

(i)

active in the areas referred to in Chapter II of Directive 2014/25/EU of the European Parliament and of the Council;

(ii)

acting as public service operators pursuant to Article 2 of Regulation (EC) No 1370/2007 of the European Parliament and of the Council;

(iii)

acting as air carriers fulfilling public service obligations pursuant to Article 16 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council; or

(iv)

acting as Community shipowners fulfilling public service obligations pursuant to Article 4 of Council Regulation (EEC) No 3577/92 ;

(c)

research data pursuant to the conditions set out in Article 32t.

(2)

This Chapter does not apply to the following:

(a)

data and documents the supply of which is an activity falling outside the scope of the public task of the public sector bodies concerned as defined by law or by other binding rules in the Member State, or, in the absence of such rules, as defined in accordance with common administrative practice in the Member State in question, provided that the scope of the public tasks is transparent and subject to review;

(b)

data and documents held by public undertakings and:

(i)

produced outside the scope of the provision of services in the general interest as defined by law or other binding rules in the Member State;

(ii)

related to activities directly exposed to competition and therefore, pursuant to Article 34 of Directive 2014/25/EU, not subject to procurement rules;

(c)

data and documents, such as sensitive data or documents, which are excluded from access by virtue of the access regimes in the Member State on grounds of the protection of national security (namely, State security), defence, or public security;

(d)

data and documents held by public service broadcasters and their subsidiaries, and by other bodies or their subsidiaries for the fulfilment of a public service broadcasting remit.

(3)

Section 2 of this Chapter does not apply to:

(a)

data or documents, such as sensitive data or documents, which are excluded from access by virtue of the access regimes in the Member State, including on grounds of:

(i)

statistical confidentiality;

(ii)

commercial confidentiality (including business, professional or company secrets);

(b)

data or documents access to which is restricted by virtue of the access regimes in the Member States,

(i)

including cases whereby citizens or legal entities have to prove a particular interest to obtain access to documents; (ii) on grounds of protection of personal data, as well as parts of data or documents accessible under those regimes which contain personal data the re-use of which has been defined by law as being incompatible with the legal framework for the protection of individuals with regard to the processing of personal data or as undermining the protection of privacy and the integrity of the individual, in particular under Union or national law regarding the protection of personal data;

(c)

logos, crests and insignia; (d) data or documents for which third parties hold intellectual or industrial property rights; (e) data or documents held by cultural establishments other than libraries, including university libraries, museums and archives; (f) data or documents held by educational establishments of secondary level and below, and, in the case of all other educational establishments, data other than those referred to in paragraph 1, point (c); (g) data or documents other than those referred to in paragraph 1, point (c), held by research performing organisations and research funding organisations, including organisations established for the transfer of research results; (h) data or documents access to which is excluded or restricted on grounds of critical entity or critical infrastructure protection related information as defined in points (1) and (4) of Article 2 of Directive (EU) 2022/2557.

(4)

Section 3 of this Chapter does not apply to:

(a)

data and documents that are not certain categories of protected data;

(b)

data or documents held by public undertakings;

(c)

data or documents held by cultural establishments and educational establishments;

(d)

data and documents covered by Section 2 of this Chapter. Section 3 does not create any obligation on public sector bodies to allow the re-use of data or documents, nor does it release public sector bodies from their confidentiality obligations under Union or national law.

(5)

This Chapter builds on, and is without prejudice to, Union and national access regimes, in particular with regard to the granting of access to and disclosure of official data or documents.

(6)

The obligations imposed in accordance with this Chapter shall apply only insofar as they are compatible with the provisions of international agreements on the protection of intellectual property rights, in particular the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention), the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS Agreement and the World Intellectual Property Organization Copyright Treaty (WCT).

(7)

The right for the maker of a database provided for in Article 7(1) of Directive 96/9/EC shall not be exercised by public sector bodies in order to prevent the re-use of data and documents or to restrict re-use beyond the limits set by this Chapter.

(8)

This Chapter governs the re-use of existing data and documents held by public sector bodies and public undertakings of the Member States, including data and documents to which Directive 2007/2/EC of the European Parliament and of the Council applies.

(9)

This Chapter is without prejudice to Union and national law and international agreements to which the Union or Member States are party on the protection of categories of data or documents referred to in Article 2(53).

(10)

This Chapter shall enter into application as of [18 months after the publication in the Official Journal of the European Union of this Regulation].

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.

Additional proposed wording Amendment 28 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
(1a)

This Regulation does not create a legal basis for the processing of personal data, nor does it affect any of the rights and obligations set out in Regulation (EU) 2016/679 or (EU) 2018/1725 or in Directive 2002/58/EC or (EU) 2016/680.

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Alternative wording Amendment 29 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)
(5) This Chapter builds on, and is without prejudice to, Union and national access regimes, in particular with regard to the granting of access to and disclosure of official documents, or the re-use of data, and is without prejudice to the confidentiality obligations of public sector bodies under Union or national law.
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Alternative wording Amendment 56 JURI draft opinion · Brando Benifei (rapporteur)
(5) This Chapter buildsdoes not create any obligation on public sector bodies to allow the re-use of data or documents, andnor isdoes withoutit prejudicerelease to,public sector bodies from their confidentiality obligations under Union andor national access regimes, in particular with regard to the granting of access to and disclosure of official documentslaw.
Justification

This amendment reintroduces the general horizontal principle currently contained in Article 1(2) DGA concerning the relationship between this Chapter, existing Union and national access regimes, and other legal obligations. It helps ensure legal certainty by clarifying that the Regulation does not alter existing rules governing access to documents, confidentiality obligations or applicable legal frameworks.

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Alternative wording Amendment 82 IMCO draft opinion · Alex Agius Saliba (rapporteur)
(5) This Chapter buildsdoes not create any obligation on public sector bodies to allow the re-use of data, andnor isdoes withoutit prejudicerelease to,public sector bodies from their confidentiality obligations under Union andor national access regimes, in particular with regard to the granting of access to and disclosure of official documentslaw.
Justification

Inserts art. 1(2) of the DGA which provides a clearer drafting.

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Alternative wording Amendment 296 · Sophia Kircher IMCO
(c) research data pursuant to the conditions set out in Article 32t, including clinical research data generated through publicly funded research programmes, clinical trials, registries and other scientific research activities.
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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32i – paragraph 1 c

Additional proposed wording Amendment 297 · Virginie Joron IMCO
1a.

Public sector bodies permitting the re-use of data and documents under this Chapter shall apply appropriate technical and organisational measures to prevent the re-identification of pseudonymised data, personal data breaches, and any unlawful acquisition, use, disclosure or transfer of the data. Where the data are made available in pseudonymised or anonymised form, state-of-the-art techniques aimed at preserving and reinforcing privacy protection shall be applied for that purpose. Data and documents relating to natural persons, or protected as trade secrets or through a legal obligation of confidentiality applicable to legal persons shall only be made available for re-use purposes when they have been anonymised or, where anonymisation is not possible, subject to appropriate safeguards, including such techniques and binding conditions imposed on the re-user preventing any re-identification or any misuse.

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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 i

Additional proposed wording Amendment 298 · Virginie Joron IMCO
1b.

A public sector body having allowed the re-use of data and documents in accordance with this Chapter and having applied the measures referred to in paragraph 11 shall not be held liable for any unlawful use, re-identification, disclosure or onward transfer of data carried out by the re-user or by any third party to which the re-user has made the data available. The re-user shall ensure that its re-use of data, and any onward transfer of data, complies with this Chapter and Union and national law, including Regulation (EU) 2016/679. The re-user shall be responsible for any misuse, any unlawful re-identification or any unauthorised transfer of data carried out by it or by such third parties. This paragraph shall be without prejudice to the liability of the public sector body in the event of breach of its obligations under this Chapter.

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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 i

Additional proposed wording Amendment 299 · Virginie Joron IMCO
(aa)

data or documents whose disclosure would reveal trade secrets within the meaning of Directive (EU) 2016/943, or information otherwise protected by a legal obligation of confidentiality applicable to legal persons.

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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 i

Additional proposed wording Amendment 300 · Virginie Joron IMCO
(ga)

data or documents containing personal data relating to the health, fiscal or financial situation, domicile or civil status of natural persons, and personal data covered by a legal or professional obligation of confidentiality, in particular medical confidentiality or the confidentiality of court judgments, whose re-use may be detrimental to the rights and freedoms of the data subjects or may enable them to be identified.

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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 i – paragraph 3

Additional proposed wording Amendment 793 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE

(1a) In Article 32i, the following paragraph is inserted:

Public sector bodies allowing the re-use of data and documents under this Chapter shall apply appropriate technical and organisational measures to prevent the re-identification of pseudonymised data, personal data breaches, and any unlawful acquisition, use, disclosure or transfer of the data. Where the data are made available in pseudonymised or anonymised form, state-of-the-art privacy-preserving and privacy-enhancing techniques shall be applied to that effect. Data and documents relating to natural persons, or protected by trade secrets or by a legal obligation of confidentiality relating to legal persons, shall be made available for re-use only where they have been anonymised or, where anonymisation is not possible, subject to appropriate safeguards, including such techniques and binding conditions on the re-user preventing any re-identification or misuse.'

Justification

Public sector bodies allowing the re-use of data must apply appropriate technical and organisational measures. The amendment requires reliance on state-of-the-art privacy-preserving techniques — anonymisation, pseudonymisation, aggregation, disclosure control, encryption, secure processing environments — proportionate to the nature of the data and the level of risk, so as to enable broad re-use while maintaining a high level of protection.

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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32i – paragraph 1a (new)

Additional proposed wording Amendment 794 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE

(1a) In Article 32i, the following paragraph is inserted:

This Regulation does not create any obligation on public sector bodies to allow the re-use of data, nor does it release public sector bodies from their confidentiality obligations under Union or national law.'

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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32i – paragraph 1a (new)

Additional proposed wording Amendment 795 · Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler ITRE · LIBE
(1a)

This Regulation does not create any obligation on public sector bodies to allow the re-use of data, nor does it release public sector bodies from their confidentiality obligations under Union or national law.

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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32i – paragraph 1(a) (new)

Additional proposed wording Amendment 796 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE

(1b) In Article 32i, the following paragraph is inserted:

A public sector body that has allowed the re-use of data and documents in accordance with this Chapter, and that has applied the measures referred to in paragraph 11, shall not be held liable for any unlawful use, re-identification, disclosure or onward transfer of the data carried out by the re-user or by any third party to whom the re-user has made the data available. The re-user shall ensure that its re-use of the data, and any onward transfer of the data, complies with this Chapter and with Union and national law, including Regulation (EU) 2016/679. The re-user shall be liable for any misuse, unlawful re-identification or unauthorised transfer of the data carried out by it or by such third parties. This paragraph is without prejudice to the liability of the public sector body for a failure to comply with its own obligations under this Chapter.'

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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32i – paragraph 1b (new)

Additional proposed wording Amendment 797 · Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler ITRE · LIBE

(1b) In Article 32i, the following paragraph is inserted:

1b.

This Regulation does not create a legal basis for the processing of personal data, nor does it affect any of the rights and obligations set out in Regulation (EU) 2016/679.'

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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32i –paragraph 1(b) new

Additional proposed wording Amendment 798 · Mary Khan ITRE · LIBE

(da) In Article 32i(2), the following subparagraph is added:

(da)

data and documents of the armed forces, intelligence services, police and law enforcement authorities, public prosecutors’ offices and courts, tax and customs authorities, health and social services authorities, population registers, migration and asylum authorities, as well as data of minors, biometric or genetic data and communication data, unless their re-use is explicitly allowed by a specific national law;’

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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32i – paragraph 2 – subparagraph d a (new)

Additional proposed wording Amendment 799 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE

(aa) In article 32i, paragraph 1, the following point is inserted

aa.

data or documents whose disclosure would reveal trade secrets within the meaning of Directive (EU) 2016/943, or information otherwise protected by a legal obligation of confidentiality relating to legal persons.'

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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32i – paragraph 1 – point aa (new)

Additional proposed wording Amendment 800 · Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay ITRE · LIBE

(ga) In Article 32i, paragraph 3, the following point is added

ga.

data or documents containing personal data relating to the health, tax or financial situation, residence, or civil status of natural persons, as well as personal data covered by a legal or professional obligation of confidentiality, in particular medical confidentiality or the confidentiality of judicial decisions, the re-use of which is liable to harm the rights and freedoms of the persons concerned or to enable their identification.'

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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32i – paragraph 3 – point ga (new)

Additional proposed wording Amendment 801 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE

(9a) In Article 32i, the following paragraph is inserted:

This Chapter shall not create a legal basis or obligation for the processing, disclosure, access to, or re-use of personal data. Nothing in this Chapter shall be interpreted as limiting the rights of data subjects or the obligations of controllers and processors under Regulations (EU) 2016/679 and (EU) 2018/1725.'

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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32i – paragraph 9a (new)

Additional proposed wording Amendment 802 · Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba ITRE · LIBE

(9b) In Article 32i, the following paragraph is added:

In the case of mixed datasets, Regulation (EU) 2016/679 applies. Personal data shall not be made available for re-use unless a valid legal basis exists under that Regulation and appropriate safeguards are applied.'

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Header printed in the source: Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32i – paragraph 9b (new)