Data Act· Article 32i
Text
Article 32i Data Act as printed in the Council text of 22 October 2026
Subject matter and scope
Source Council, 22 October 2026. Article 32i: ST 14756/26, page 92 · pp. 92–96 · exact text page
Article 32i
Its wording is printed below, under Article 32i, heading, (1), (2), (3), (4), (5), (6), (7), (8), (9) and (10).
Article 32i, heading
Subject matter and scope
Article 32i(1)
This Chapter establishes a set of rules governing the re-use and the practical arrangements for facilitating the re-use of the following:
Article 32i(1)(a)
existing data and documents held by public sector bodies of the Member States, including certain categories of protected data;
Article 32i(1)(b)
existing data and documents held by public undertakings that are:
Article 32i(1)(b)(i)
active in the areas referred to in Chapter II of Directive 2014/25/EU of the European Parliament and of the Council;
Article 32i(1)(b)(ii)
acting as public service operators pursuant to Article 2 of Regulation (EC) No 1370/2007 of the European Parliament and of the Council;
Article 32i(1)(b)(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
Article 32i(1)(b)(iv)
acting as Community shipowners fulfilling public service obligations pursuant to Article 4 of Council Regulation (EEC) No 3577/92;
Article 32i(1)(c)
research data pursuant to the conditions set out in Article 32t.
Article 32i(2)
This Chapter does not apply to the following:
Article 32i(2)(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;
Article 32i(2)(b)
data and documents held by public undertakings and:
Article 32i(2)(b)(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;
Article 32i(2)(b)(ii)
related to activities directly exposed to competition and therefore, pursuant to Article 34 of Directive 2014/25/EU, not subject to procurement rules;
Article 32i(2)(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;
Article 32i(2)(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.
Article 32i(3)
Section 2 of this Chapter does not apply to:
Article 32i(3)(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:
Article 32i(3)(a)(i)
statistical confidentiality;
Article 32i(3)(a)(ii)
commercial confidentiality (including business, professional or company secrets);
Article 32i(3)(b)
data or documents access to which is restricted by virtue of the access regimes in the Member States,
Article 32i(3)(b)(i)
including cases whereby citizens or legal entities have to prove a particular interest to obtain access to documents;
Article 32i(3)(b)(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;
Article 32i(3)(c)
logos, crests and insignia;
Article 32i(3)(d)
data or documents for which third parties hold intellectual property rights;
Article 32i(3)(e)
data or documents held by cultural establishments other than libraries, including university libraries, museums and archives;
Article 32i(3)(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);
Article 32i(3)(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;
Article 32i(3)(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.
Article 32i(4)
Section 3 of this Chapter does not apply to:
Article 32i(4)(a)
data that are not certain categories of protected data;
Article 32i(4)(b)
data or documents held by public undertakings;
Article 32i(4)(c)
data or documents held by cultural establishments and educational establishments;
Article 32i(4)(d)
data and documents covered by Section 2 of this Chapter.
Article 32i(4) (continued)
Section 3 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.
Article 32i(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.
Article 32i(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).
Article 32i(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.
Article 32i(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.
Article 32i(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 referred to in Article 2(53).
Article 32i(10)
This Chapter shall enter into application as of [24 months after the publication in the Official Journal of the European Union of this Regulation].
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 32i | Council10 Jun 2026Art 32i | Council18 Jun 2026Art 32i | Council3 Sep 2026Art 32i | Council2 Oct 2026Art 32i | Council22 Oct 2026Art 32i |
| Compared with | law in force | the proposal | 10 Jun text | 18 Jun text | 3 Sep text | 2 Oct text |
| From the Commission’s Article 32i | ||||||
| Data and documents covered | 32i(1) Adds Added | 32i(1) Adds Unchanged | 32i(1) Adds Unchanged | 32i(1) Adds Unchanged | 32i(1) Adds Unchanged | 32i(1) Adds Unchanged |
| Exclusions from the Chapter | 32i(2) Adds Added | 32i(2) Adds, changed since the proposal Changed | 32i(2) Adds Unchanged | 32i(2) Adds Unchanged | 32i(2) Adds Unchanged | 32i(2) Adds Unchanged |
| Exclusions from Section 2 | 32i(3) Adds Added | 32i(3) Adds, changed since the proposal Changed | 32i(3) Adds Unchanged | 32i(3) Adds, changed since 18 Jun Changed | 32i(3) Adds Unchanged | 32i(3) Adds Unchanged |
| Exclusions from Section 3 | 32i(4) Adds Added | 32i(4) Adds, changed since the proposal Changed | 32i(4) Adds Unchanged | 32i(4) Adds, changed since 18 Jun Changed | 32i(4) Adds Unchanged | 32i(4) Adds Unchanged |
| Relationship with access regimes | 32i(5) Adds Added | 32i(5) Adds, changed since the proposal Changed | 32i(5) Adds Unchanged | 32i(5) Adds Unchanged | 32i(5) Adds Unchanged | 32i(5) Adds Unchanged |
| Compatibility with intellectual property agreements | 32i(6) Adds Added | 32i(6) Adds Unchanged | 32i(6) Adds Unchanged | 32i(6) Adds Unchanged | 32i(6) Adds Unchanged | 32i(6) Adds Unchanged |
| Database right not used to restrict re-use | 32i(7) Adds Added | 32i(7) Adds Unchanged | 32i(7) Adds Unchanged | 32i(7) Adds Unchanged | 32i(7) Adds Unchanged | 32i(7) Adds Unchanged |
| Coverage of data under Directive 2007/2/EC | 32i(8) Adds Added | 32i(8) Adds Unchanged | 32i(8) Adds Unchanged | 32i(8) Adds Unchanged | 32i(8) Adds Unchanged | 32i(8) Adds Unchanged |
| Protection of certain categories of data unaffected | 32i(9) Adds Added | 32i(9) Adds, changed since the proposal Changed | 32i(9) Adds Unchanged | 32i(9) Adds, changed since 18 Jun Changed | 32i(9) Adds Unchanged | 32i(9) Adds Unchanged |
| Added in the Council texts | ||||||
| Date of application of the Chapter | Not in the law in force or this text In neither text | 32i(10) Adds, added since the proposal Added | 32i(10) Adds Unchanged | 32i(10) Adds, changed since 18 Jun Changed | 32i(10) Adds Unchanged | 32i(10) 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
19 amendments to this article
4 propose alternative wording and 15 would add wording.
| Type | S&D | Renew | EPP | ECR | PfE | ESN | Rapporteur |
|---|---|---|---|---|---|---|---|
| ~ Alternative | · | · | 1 | · | · | · | 3 |
| + Addition | 3 | 2 | · | 4 | 8 | 1 | 1 |
By political group
- ~ Alternative EPP 1 Rapporteur 3
- + Addition S&D 3 Renew 2 ECR 4 PfE 8 ESN 1 Rapporteur 1
Show
Article 32i as a whole3 amendments
297 +Addition Virginie JoronPfE · IMCO “Public sector bodies permitting the re-use of data and documents under this Chapter shall apply appropriate technical and organisational measures to…” numbered 1a
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.
- Tabled by
- Virginie Joron
- Group
- PfE
- Targets
- Data Act Article 32i
- Document
- IMCO amendments 125–328 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 i
298 +Addition Virginie JoronPfE · IMCO “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…” numbered 1b
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.
- Tabled by
- Virginie Joron
- Group
- PfE
- Targets
- Data Act Article 32i
- Document
- IMCO amendments 125–328 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 i
299 +Addition Virginie JoronPfE · IMCO “data or documents whose disclosure would reveal trade secrets within the meaning of Directive (EU) 2016/943, or information otherwise protected by a…”
(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.
- Tabled by
- Virginie Joron
- Group
- PfE
- Targets
- Data Act Article 32i
- Document
- IMCO amendments 125–328 to the draft opinion
- Source
- Official text, page 141
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 i
Paragraph (1)(a)Data and documents covered4 amendments
28 +Addition Aura Salla and Marina Kaljurand (rapporteurs)Rapporteurs · ITRE–LIBE “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…” numbered 1a
(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.
- Rapporteurs
- Aura Salla and Marina Kaljurand
- Group
- Rapporteurs
- Targets
- Data Act Article 32i(1)(a)
- Document
- ITRE–LIBE draft report
- Source
- Official text, page 26
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32i – paragraph 1 a (new)
793 +Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “Public sector bodies allowing the re-use of data and documents under this Chapter shall apply appropriate technical and organisational measures to…” numbered 1a
(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.
- Tabled by
- Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
- Group
- ECR, PfE
- Targets
- Data Act Article 32i(1)(a)
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32i – paragraph 1a (new)
794 +Addition Elena Sancho Murillo +6S&D · ITRE–LIBE “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…” numbered 1a
(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.'
- 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 32i(1)(a)
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32i – paragraph 1a (new)
795 +Addition Michael McNamara +4Renew · ITRE–LIBE “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…” numbered 1a
(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.
- Tabled by
- Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler
- Group
- Renew
- Targets
- Data Act Article 32i(1)(a)
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Source
- Official text, page 13
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32i – paragraph 1(a) (new)
Paragraph (1)(b)Data and documents covered2 amendments
796 +Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “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…” numbered 1b
(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.'
- Tabled by
- Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
- Group
- ECR, PfE
- Targets
- Data Act Article 32i(1)(b)
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32i – paragraph 1b (new)
797 +Addition Michael McNamara +4Renew · ITRE–LIBE “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…” numbered 1b
(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.'
- Tabled by
- Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Christophe Grudler
- Group
- Renew
- Targets
- Data Act Article 32i(1)(b)
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Source
- Official text, page 14
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32i –paragraph 1(b) new
Paragraph (1)(c)Data and documents covered1 amendment
296 ~Alternative Sophia KircherEPP · IMCO “including clinical research data generated through publicly funded research programmes, clinical trials, registries and other scientific research…”
(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.
- Tabled by
- Sophia Kircher
- Group
- EPP
- Targets
- Data Act Article 32i(1)(c)
- Document
- IMCO amendments 125–328 to the draft opinion
- Source
- Official text, page 139
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32i – paragraph 1 c
New points in paragraph 1Data and documents covered1 amendment
799 +Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “data or documents whose disclosure would reveal trade secrets within the meaning of Directive (EU) 2016/943, or information otherwise protected by a…”
(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.'
- Tabled by
- Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
- Group
- ECR, PfE
- Targets
- Data Act Article 32i – paragraph 1 – point aa (new)
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Source
- Official text, page 15
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32i – paragraph 1 – point aa (new)
New subparagraphs in paragraph 2Exclusions from the Chapter1 amendment
798 +Addition Mary KhanESN · ITRE–LIBE “data and documents of the armed forces, intelligence services, police and law enforcement authorities, public prosecutors’ offices and courts, tax…”
(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;’
- Tabled by
- Mary Khan
- Group
- ESN
- Targets
- Data Act Article 32i – paragraph 2 – subparagraph d a (new)
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32i – paragraph 2 – subparagraph d a (new)
Paragraph (3)Exclusions from Section 21 amendment
300 +Addition Virginie JoronPfE · IMCO “data or documents containing personal data relating to the health, fiscal or financial situation, domicile or civil status of natural persons, and…”
(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.
- Tabled by
- Virginie Joron
- Group
- PfE
- Targets
- Data Act Article 32i(3)
- Document
- IMCO amendments 125–328 to the draft opinion
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32 i – paragraph 3
New points in paragraph 3Exclusions from Section 21 amendment
800 +Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “data or documents containing personal data relating to the health, tax or financial situation, residence, or civil status of natural persons, as well…”
(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.'
- Tabled by
- Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
- Group
- ECR, PfE
- Targets
- Data Act Article 32i – paragraph 3 – point ga (new)
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Source
- Official text, page 16
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32i – paragraph 3 – point ga (new)
Paragraph (5)Relationship with access regimes3 amendments
29 ~Alternative Aura Salla and Marina Kaljurand (rapporteurs)Rapporteurs · ITRE–LIBE “or the re-use of data, and is without prejudice to the confidentiality obligations of public sector bodies 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 documents, or the re-use of data, and is without prejudice to the confidentiality obligations of public sector bodies under Union or national law.- Rapporteurs
- Aura Salla and Marina Kaljurand
- Group
- Rapporteurs
- Targets
- Data Act Article 32i(5)
- Document
- ITRE–LIBE draft report
- Source
- Official text, page 26
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32i – paragraph 5
56 ~Alternative Brando Benifei (rapporteur)Rapporteur · JURI “public sector bodies from their confidentiality obligations under”
(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.This Chapter 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.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.
- Rapporteur
- Brando Benifei
- Group
- Rapporteur
- Targets
- Data Act Article 32i(5)
- Document
- JURI draft opinion
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32i – paragraph 5
82 ~Alternative Alex Agius Saliba (rapporteur)Rapporteur · IMCO “public sector bodies from their confidentiality obligations under”
(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.This Chapter 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.Justification
Inserts art. 1(2) of the DGA which provides a clearer drafting.
- Rapporteur
- Alex Agius Saliba
- Group
- Rapporteur
- Targets
- Data Act Article 32i(5)
- Document
- IMCO draft opinion
- Source
- Official text, page 65
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32i – paragraph 5
New paragraphs2 amendments
801 +Addition Elena Sancho Murillo +6S&D · ITRE–LIBE “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…” numbered 9a
(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.'
- 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 32i – paragraph 9a (new)
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32i – paragraph 9a (new)
802 +Addition Elena Sancho Murillo +6S&D · ITRE–LIBE “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…” numbered 9b
(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.'
- 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 32i – paragraph 9b (new)
- Document
- ITRE–LIBE amendments 777–1052 to the draft report
- Source
- Official text, page 17
- Printed header
- Article 1 – paragraph 1 – point 18 / Regulation (EU) 2023/2854 / Article 32i – paragraph 9b (new)