Article 13
Amendments as tabled
29 amendments, each tabled separately · ITRE–LIBE amendments 1053–1260 to the draft report
1099 −Deletion Julie Rechagneux +7ECR, PfE · ITRE–LIBE Deletes the Commission’s wording
5. In Article 13, paragraph 4 is replaced by the following: 4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other recipients or categories of recipients, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.’- Tabled by
- Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
- Group
- ECR, PfE
- Targets
- GDPR Article 13(4)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4
1100 −Deletion Irena Joveva +5Renew · ITRE–LIBE Deletes the Commission’s wording
5. In Article 13, paragraph 4 is replaced by the following: 4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other recipients or categories of recipients, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.’- Tabled by
- Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
- Group
- Renew
- Targets
- GDPR Article 13(4)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4
1101 −Deletion Alex Agius SalibaS&D · ITRE–LIBE Deletes the Commission’s wording
5. In Article 13, paragraph 4 is replaced by the following: 4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other recipients or categories of recipients, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.’- Tabled by
- Alex Agius Saliba
- Group
- S&D
- Targets
- GDPR Article 13(4)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Source
- Official text, page 39
- Printed header
- Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4
1102 −Deletion Marina Kaljurand +8S&D · ITRE–LIBE Deletes the Commission’s wording
5. In Article 13, paragraph 4 is replaced by the following: 4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other recipients or categories of recipients, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.’- Tabled by
- Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec
- Group
- S&D
- Targets
- GDPR Article 13(4)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4
1103 ~Alternative Markéta GregorováGreens/EFA · ITRE–LIBE “(iii) the controller is not required to appoint a data protection officer pursuant to Article 37(1); (iv) the personal data are not special…”
4. Paragraphs 1, 2 and 3 shall not apply where: (a) the data subject already has the information; or (b) the following conditions are met: (i) the personal data have been collected by a micro, small, and medium-sized enterprise or an organisation employing fewer than 250 employees; (ii) the personal data are necessary under point (b) of paragraph 1 of Article 6 in the context of a clear and circumscribed relationship between the data
subjectssubject and a controllerexercisingwhichantheactivitydatathatsubject fully comprehends and which is not data-intensive; (iii) the controller is not required to appoint a data protection officer pursuant to Article 37(1); (iv) the personal data are not special categories of personal data pursuant to Article 9 or personal data relating to criminal convictions and offences pursuant to Article 10; (v) there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1,unlessand the information remains available to the data subject; (vi) the controllertransmitsdoes not transmit the data to otherrecipientscontrollers, orcategories of recipients, transferstransfer the data to a third country,; (vii)carriesthe controller does not carry out automated decision-making, including profiling, referred to in Article 22(1),;orand (viii) the processing is not likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35. In those cases, the controller may alternatively provide information solely through the icons referred to in Article 12 paragraph 7, as long as the complete information remains easily and readily available to the data subject.- Tabled by
- Markéta Gregorová on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- GDPR Article 13(4)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4
1104 ~Alternative Pernando Barrena ArzaThe Left · ITRE–LIBE “for purposes that are strictly connected to and reasonably expected in that relationship, and where the processing is not likely to result in a high…”
4.
Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other recipients or categories of recipients, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.Paragraphs 1, 2 and 3 shall apply only where and insofar as the controller can demonstrate that the data subject already has the information referred to in points (a) and (c) of paragraph 1 and, where the processing is based on point (f) of Article 6(1), the information referred to in point (d) of paragraph 1, in a concise, transparent, intelligible and easily accessible form. This exemption shall apply only where the personal data are collected in the context of a direct, ongoing and clearly circumscribed relationship between the data subject and the controller, for purposes that are strictly connected to and reasonably expected in that relationship, and where the processing is not likely to result in a high risk to the rights and freedoms of data subjects, nor involve complex processing operations, systematic monitoring, profiling, the processing of large amounts of personal data, special categories of personal data, or personal data relating to criminal convictions and offences. The controller shall make the information referred to in paragraphs 1, 2 and 3 available to the data subject in an easily accessible and durable form at the time of collection and shall document the assessment under this paragraph. The first, second and third subparagraphs shall not apply where the controller intends to process the data collected from the data subject for other purposes, transmits the data to other recipients or categories of recipients, transfers the data to a third country or to an international organisation, combines the data with personal data obtained from other sources, processes the data for direct marketing purposes, carries out automated decision-making, including profiling, referred to in Article 22(1), or where the processing requires a data protection impact assessment under Article 35 or is otherwise likely to result in a high risk to the rights and freedoms of data subjects.- Tabled by
- Pernando Barrena Arza
- Group
- The Left
- Targets
- GDPR Article 13(4)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4
1105 ~Alternative Sibylle Berg +1NI · ITRE–LIBE “Paragraphs 1, 2 and 3 shall not apply where and insofar as the data subject already has the information.”
4.
Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other recipients or categories of recipients, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.Paragraphs 1, 2 and 3 shall not apply where and insofar as the data subject already has the information.- Tabled by
- Sibylle Berg, Martin Sonneborn
- Group
- NI
- Targets
- GDPR Article 13(4)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4
1106 ~Alternative Andrea Wechsler +5EPP · ITRE–LIBE “or where the provision of such information proves impossible or would involve a disproportionate effort, taking into account the nature, scope…”
4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, or where the provision of such information proves impossible or would involve a disproportionate effort, taking into account the nature, scope, context and purposes of the processing, the size and resources of the controller, and the risk to the rights and freedoms of natural persons, unless the controller transmits the data to other recipients or categories of recipients for purposes other than those directly related to the clear and circumscribed relationship with the data subject, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35. In such cases, the controller shall take appropriate measures to protect the rights and freedoms and legitimate interests of the data subject, including, where appropriate, making the information publicly available in an easily accessible form.
Justification
Information obligations are essential for transparency, but they should remain proportionate and workable in low-risk situations. The Commission proposal rightly introduces an exemption for clear and circumscribed relationships where the controller does not carry out data-intensive activities. However, the exemption should also cover situations where individual information proves impossible or would involve a disproportionate effort, provided that appropriate safeguards are maintained. In addition, the mere transmission of data to recipients should not automatically exclude the exemption where such transmission is directly related to the existing relationship with the data subject, for example in the context of associations, non-profit organisations, craft businesses or small enterprises. This amendment preserves transparency while reducing unnecessary administrative burdens.
- Tabled by
- Andrea Wechsler, Marie-Sophie Lanig, Stefan Köhler, Alexandra Mehnert, Verena Mertens, Sabine Verheyen
- Group
- EPP
- Targets
- GDPR Article 13(4)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4
1107 ~Alternative João OliveiraThe Left · ITRE–LIBE “respective information in his or her possession. At the time the data are collected, the controller shall make the”
4.
Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other recipients or categories of recipients, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.’Paragraphs 1, 2 and 3 shall not apply only where the controller can demonstrate that the data subject already has the respective information in his or her possession. At the time the data are collected, the controller shall make the information referred to in paragraphs 1, 2 and 3 permanently available to the data subject in an easily accessible form.’- Tabled by
- João Oliveira
- Group
- The Left
- Targets
- GDPR Article 13(4)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4
1108 ~Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “This exemption shall not apply where processing concerns data relating to health, data inferred from medicine- or pharmacy-related interactions…”
4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and
therethearecontrollerreasonableisgroundsable toassumedemonstrate that the data subject already has the information referred to in points (a), (c) and (cd) of paragraph 1,.unlessWhere the controllertransmitsintends to carry out processing for which the information referred to in points (e) and (f) of paragraph 1 is required, such as transmitting the data to other recipients or categories of recipients,transferstransfering the data to a third country,carriescarrying out automated decision-making, including profiling, referred to in Article 22(1), or where the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35, the controller shall provide that information to the data subject. This exemption shall not apply where processing concerns data relating to health, data inferred from medicine- or pharmacy-related interactions, profiling, direct marketing or disclosure to another recipient.- Tabled by
- Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
- Group
- ECR, PfE
- Targets
- GDPR Article 13(4)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4
1109 ~Alternative Sebastian Tynkkynen +1ECR · ITRE–LIBE “or the data controller has taken reasonable steps available to it, taking into account relevant technical and organisational means to provide the…”
4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has, or the data controller has taken reasonable steps available to it, taking into account relevant technical and organisational means to provide the data subject with the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other
recipientsdata processors orcategories of recipientscontrollers, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.- Tabled by
- Sebastian Tynkkynen, Diego Solier
- Group
- ECR
- Targets
- GDPR Article 13(4)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4
1110 ~Alternative Henrik DahlEPP · ITRE–LIBE “Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between…”
4. Paragraphs 1, 2 and 3 shall not apply where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1,
unless the controller transmits the data to other recipients or categories of recipients, transfers the data to a third country,carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.- Tabled by
- Henrik Dahl
- Group
- EPP
- Targets
- GDPR Article 13(4)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Source
- Official text, page 48
- Printed header
- Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4
1111 ~Alternative Aura Salla +5EPP · ITRE–LIBE “where and insofar as the data subject already has the information or”
4. Paragraphs 1, 2 and 3 shall not apply where and insofar as the data subject already has the information or where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not
data-intensivea high risk to the data subject and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other recipients or categories of recipients, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.- Tabled by
- Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Henrik Dahl, Andrea Wechsler, Christian Ehler
- Group
- EPP
- Targets
- GDPR Article 13(4)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4
1112 ~Alternative Oliver Schenk +10EPP · ITRE–LIBE “where and insofar as the data subject already has the information or”
4. Paragraphs 1, 2 and 3 shall not apply where and insofar as the data subject already has the information or where the personal data have been collected in the context of a clear and circumscribed relationship between data subjects and a controller exercising an activity that is not data-intensive and there are reasonable grounds to assume that the data subject already has the information referred to in points (a) and (c) of paragraph 1, unless the controller transmits the data to other recipients or categories of recipients, transfers the data to a third country, carries out automated decision-making, including profiling, referred to in Article 22(1), or the processing is likely to result in a high risk to the rights and freedoms of data subjects within the meaning of Article 35.’
- Tabled by
- Oliver Schenk, Axel Voss, Ana Miguel Pedro, Romana Tomc, Marion Walsmann, Lena Düpont, Marie-Sophie Lanig, Dimitris Tsiodras, Christian Doleschal, Aura Salla, François-Xavier Bellamy
- Group
- EPP
- Targets
- GDPR Article 13(4)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 5 / Regulation (EU) 2026/679 / Article 13 – paragraph 4
1113 +Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “An activity is circumscribed and not data-intensive where the processing of personal data is ancillary to the main activity of the controller and is…”
4a. In Article 13, the following paragraph is inserted:
An activity is circumscribed and not data-intensive where the processing of personal data is ancillary to the main activity of the controller and is limited in volume, scope and purposes. Such relationships include, in particular:
(a)the relationship between a data subject and a professional bound by a legal or ethical obligation of confidentiality, such as a lawyer, physician or notary, acting within the scope of that relationship;
(b)the commercial relationship between a customer and a trader in the context of the provision of a specific good or service requested by the data subject, provided that the customer list is used solely as an internal management tool and is not intended to be disclosed or monetised to third parties;
(c)the non-commercial relationship between a member and an association, or between an employee and an employer, insofar as the processing is limited to what is necessary for that relationship.'
Justification
Extends the derogation from the information obligation to circumscribed relationships in which the controller’s activity is not data-intensive: associations, sport clubs, micro, small and medium-sized enterprises where processing is confined to the management of membership, communication with members, the organisation of activities or the performance of a contract. The derogation is expressly excluded where the controller engages in data brokerage, which is by nature data-intensive.
- Tabled by
- Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
- Group
- ECR, PfE
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 5 / Regulation (EU) 2016/679 / Article 13 – paragraph 4a (new)
1115 +Addition Axel VossEPP · ITRE–LIBE “if the controller is a small, medium or large controller under Article 4(27) to (29) and; (fb) if the controller is a large controller, the number of…”
5a. In Article 13, paragraph 1, the following points are added:
(fa)if the controller is a small, medium or large controller under Article 4(27) to (29) and;
(fb)if the controller is a large controller, the number of data subjects they processed personal data about, the number of times data subjects have exercised their rights against them under Articles 13 to 22 and the number of each type of outcome, the number of data breaches under Article 32 and the number of likely affected data subjects, the number of procedures filed against them under Article 78 and 79, the certifications received or revoked under Article 42 and the name and contact details of the certification body that has certified them for the past three financial years.
Justification
RISK-BASED APPROACH #8: This package makes the GDPR’s risk-based approach practical by introducing objective categories for small, medium and large controllers. Small controllers with limited, non-core processing receive relief from selected administrative duties, while data-subject rights and enforcement remain intact. Very large controllers, gatekeepers and VLOPs/VLOSEs face stronger transparency, annual certification and closer supervision. Compliance effort is thus reduced where risks are low and increased where scale and systemic impact are greatest.
- Tabled by
- Axel Voss
- Group
- EPP
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 5 a (new) / Regulation (EU) 2016/679 / Article 13 – paragraph 1 – points fa (new) and fb (new)
1116 −Deletion Markéta GregorováGreens/EFA · ITRE–LIBE Deletes the Commission’s wording
6. In Article 13, paragraph 5 is added: 5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available.’- Tabled by
- Markéta Gregorová on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- GDPR Article 13(5)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 6 / Regulation (EU) 2016/679 / Article 13 – paragraph 5
1117 −Deletion Marina Kaljurand +8S&D · ITRE–LIBE Deletes the Commission’s wording
6. In Article 13, paragraph 5 is added: 5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available.’- Tabled by
- Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec
- Group
- S&D
- Targets
- GDPR Article 13(5)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Source
- Official text, page 54
- Printed header
- Article 3 – paragraph 1 – point 6 / Regulation (EU) 2016/679 / Article 13 – paragraph 5
1118 −Deletion Pernando Barrena ArzaThe Left · ITRE–LIBE Deletes the Commission’s wording
6. In Article 13, paragraph 5 is added: 5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available.’- Tabled by
- Pernando Barrena Arza
- Group
- The Left
- Targets
- GDPR Article 13(5)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 6 / Regulation (EU) 2016/679 / Article 13 – paragraph 5
1119 −Deletion Alex Agius SalibaS&D · ITRE–LIBE Deletes the Commission’s wording
6. In Article 13, paragraph 5 is added: 5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available.’- Tabled by
- Alex Agius Saliba
- Group
- S&D
- Targets
- GDPR Article 13(5)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 6 / Regulation (EU) 2016/679 / Article 13 – paragraph 5
1120 −Deletion Birgit SippelS&D · ITRE–LIBE Deletes the Commission’s wording
6. In Article 13, paragraph 5 is added: 5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available.’- Tabled by
- Birgit Sippel
- Group
- S&D
- Targets
- GDPR Article 13(5)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 6 / Regulation (EU) 2016/679 / Article 13 – paragraph 5
1121 −Deletion João OliveiraThe Left · ITRE–LIBE Deletes the Commission’s wording
5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available.’- Tabled by
- João Oliveira
- Group
- The Left
- Targets
- GDPR Article 13(5)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Source
- Official text, page 57
- Printed header
- Article 3 – paragraph 1 – point 6 / Regulation (EU) 2016/679 / Article 13 – paragraph 5
1122 ~Alternative Irena Joveva +5Renew · ITRE–LIBE “provided it is not used for commercial product development, advertising, marketing, profiling or the training of data processing models for…”
5. When the further processing takes place for scientific research purposes, provided it is not used for commercial product development, advertising, marketing, profiling or the training of data processing models for commercial deployment, and where the controller does not possess or cannot reasonably obtain the contact details of the data subject without disproportionate effort, and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall document the reliance of this exception, make such documentation available to the supervisory authority upon request, and take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including
makingannoucing the informationpubliclypublicyavailableor informing the data subject without undue delay as soon as the conditions of this paragraph have ceased to exist.- Tabled by
- Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
- Group
- Renew
- Targets
- GDPR Article 13(5)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 6 / Regulation (EU) 2016/679 / Article 13 – paragraph 5
1123 ~Alternative Oliver Schenk +13EPP · ITRE–LIBE “including cases where the change of purpose could not have been anticipated at the time of collection”
5. When the processing takes place for scientific research purposes, including scientific research in the public interest aiming to further a commercial interest, and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort, including cases where the change of purpose could not have been anticipated at the time of collection, subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available. This scenario shall apply equally to the obligations under Article 14(5)(b).
- Tabled by
- Oliver Schenk, Axel Voss, Marie-Sophie Lanig, Ana Miguel Pedro, Romana Tomc, Marion Walsmann, Lena Düpont, Andrea Wechsler, Angelika Niebler, Monika Hohlmeier, Dimitris Tsiodras, Christian Doleschal, Aura Salla, François-Xavier Bellamy
- Group
- EPP
- Targets
- GDPR Article 13(5)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 6 / Regulation (EU) 2016/679 / Article 13 – paragraph 5
1124 ~Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “This paragraph is without prejudice to the conditions and safeguards applicable to the processing of personal data in AI regulatory sandboxes and in…”
5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available. This paragraph is without prejudice to the conditions and safeguards applicable to the processing of personal data in AI regulatory sandboxes and in testing in real world conditions under Articles 59, 60 and 61 of Regulation (EU) 2024/1689, which continue to apply.
Justification
The exemption from the information obligations for scientific research purposes must not operate to the detriment of the safeguards applicable to the processing of personal data in the context of AI development. This amendment specifies that paragraph 5 is without prejudice to the conditions and safeguards laid down in Articles 59, 60 and 61 of Regulation (EU) 2024/1689 governing AI regulatory sandboxes and testing in real world conditions — in particular the requirements relating to isolated processing environments, monitoring and response mechanisms, deletion of data, and informed consent — which continue to apply. This ensures the coherence of the Union acquis and prevents the research exemption from being used to circumvent the risk-control obligations of the Artificial Intelligence Act.
- Tabled by
- Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
- Group
- ECR, PfE
- Targets
- GDPR Article 13(5)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 6 / Regulation (EU) 2016/679 / Article 13 – paragraph 5
1125 ~Alternative Aura Salla +5EPP · ITRE–LIBE “including cases where the change of purpose could not have been anticipated at the time of collection”
5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort, including cases where the change of purpose could not have been anticipated at the time of collection, subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available
.- Tabled by
- Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Henrik Dahl, Andrea Wechsler, Christian Ehler
- Group
- EPP
- Targets
- GDPR Article 13(5)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 6 / Regulation (EU) 2016/679 / Article 13 – paragraph 5
1126 ~Alternative Sebastian Tynkkynen +1ECR · ITRE–LIBE “taking into account the relevant technical and organisational circumstances”
5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort, taking into account the relevant technical and organisational circumstances, subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or
seriouslyimpair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available.- Tabled by
- Sebastian Tynkkynen, Diego Solier
- Group
- ECR
- Targets
- GDPR Article 13(5)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 6 / Regulation (EU) 2016/679 / Article 13 – paragraph 5
1128 +Addition Andrea Wechsler +8EPP · ITRE–LIBE “Paragraphs 1 to 4 shall not apply to associations, foundations, and other non-profit organisations established in the Union, provided that: (a) the…”
6a. In Article 13, paragraph 4a is added:
Paragraphs 1 to 4 shall not apply to associations, foundations, and other non-profit organisations established in the Union, provided that: (a) the processing of personal data is limited to the administration of membership, volunteers, donors, or beneficiaries; (b) such processing is not likely to result in a high risk to the rights and freedoms of natural persons; and (c) the data are not shared with third parties for commercial purposes.
Justification
Article 13 information obligations are essential for transparency, but they can create disproportionate administrative burdens for small non-profit organisations where the processing relationship is clear, direct and limited to internal administrative purposes. Associations, foundations and other non-profit organisations should therefore be allowed to fulfil transparency obligations through publicly accessible information where processing is limited to members, volunteers, donors or beneficiaries, does not involve systematic monitoring, is not likely to result in a high risk and is not used for commercial third-party sharing. This targeted clarification supports civic engagement and volunteer work while preserving the substance of the right to information.
- Tabled by
- Andrea Wechsler, Marie-Sophie Lanig, Stefan Köhler, Alexandra Mehnert, Lena Düpont, Angelika Niebler, Verena Mertens, Christian Doleschal, Sabine Verheyen
- Group
- EPP
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 6 a (new) / Regulation (EU) 2016/679 / Article 13 – paragraph 4a (new)
1132 +Addition Aura Salla +5EPP · ITRE–LIBE “The obligation to make information available pursuant to Article 13 shall be deemed fulfilled where such information is published and maintained in…”
6a. In Article 13, paragraph 4a is added:
The obligation to make information available pursuant to Article 13 shall be deemed fulfilled where such information is published and maintained in an easily accessible manner on the entity’s website.'
- Tabled by
- Aura Salla, Niels Flemming Hansen, Ana Miguel Pedro, Andrea Wechsler, Oliver Schenk, Christian Ehler
- Group
- EPP
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 6 a (new) / Regulation (EU) 2016/679 / Article 13 – paragraph 4a (new)