Article 15
Amendments as tabled
Six amendments, each tabled separately · ITRE–LIBE amendments 1053–1260 to the draft report
1114 ~Alternative Nadine MoranoEPP · ITRE–LIBE “In particular, that right cannot be interpreted as a general right of access to documents containing the data subject’s personal data, but shall…”
5a. In Article 15, paragraph 4 is replaced by the following:
4. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others, including the right to a fair trial, the right to privacy and confidentiality of communications, and the protection of trade secrets. In particular, that right cannot be interpreted as a general right of access to documents containing the data subject’s personal data, but shall relate only to the personal data concerning him or her. The controller may restrict or refuse a request to obtain a copy where it is likely to adversely affect the rights and freedoms of others, and where the assessment or implementation of the measures necessary to prevent such an adverse affect would impose a burden that is manifestly disproportionate to the volume, nature or complexity of the documents concerned. The right to obtain a copy shall not apply to requests for information or documents that are unrelated to the purposes of the processing carried out by the controller or that are made exclusively in the context of a dispute, a pre-litigation phase or court proceedings between the controller and the data subject.’
- Tabled by
- Nadine Morano
- 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 15 – paragraph 4
1129 +Addition Oliver SchenkEPP · ITRE–LIBE “The right of access under this Article shall not extend to personal data which the data subject has created, authored, transmitted or received in the…”
In Article 15, paragraph 1, the following sentence is added
The right of access under this Article shall not extend to personal data which the data subject has created, authored, transmitted or received in the ordinary course of the relevant activity and which remain available to the data subject through the controller’s systems or by other lawful means.
- Tabled by
- Oliver Schenk
- 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 15 – paragraph 1 – last sentence
1133 +Addition Angelika Niebler +1EPP · ITRE–LIBE “The controller shall provide the data subject with a copy of the personal data undergoing processing; that copy shall be confined to the personal…”
6a. Article 15, paragraph 3 is amended as follows
3.The controller shall provide the data subject with a copy of the personal data undergoing processing; that copy shall be confined to the personal data as such.
- Tabled by
- Angelika Niebler, Monika Hohlmeier
- Group
- EPP
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Source
- Official text, page 68
- Printed header
- Article 3 – paragraph 1 – point 6 a (new) / Regulation (EU) 2016/679 / Article 15 – paragraph 3
1134 +Addition Kristian VigeninS&D · ITRE–LIBE “the purposes of the processing as well as the legal basis for the processing;”
In Article 15, paragraph 1 point (a) is amended as follows
the purposes of the processing as well as the legal basis for the processing;
- Tabled by
- Kristian Vigenin
- Group
- S&D
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Source
- Official text, page 68
- Printed header
- Article 3 – paragraph 1 – point 6 a (new) / Regulation (EU) 2016/679 / Article 15 – paragraph 1 – point a
1135 ~Alternative Nadine MoranoEPP · ITRE–LIBE “(Does not affect the English version.)”
3. The controller shall provide a copy of the personal data undergoing processing.(Does not affect the English version.For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes his or her request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.)- Tabled by
- Nadine Morano
- Group
- EPP
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Source
- Official text, page 69
- Printed header
- Article 3 – paragraph 1 – point 6 a (new) / Regulation (EU) 2016/679 / Article 15 – paragraph 3
1137 +Addition Angelika Niebler +1EPP · ITRE–LIBE “The right of access referred to in paragraphs 1 and 2 and the right to obtain a copy referred to in paragraph 3 shall not affect the rights and…”
6b. Article 15, paragraph 4 is amended as follows
4.The right of access referred to in paragraphs 1 and 2 and the right to obtain a copy referred to in paragraph 3 shall not affect the rights and freedoms of other persons, including the controller. Paragraph 3 shall not apply if and to the extent that the provision of the copy proves impossible or would require a disproportionate effort.
- Tabled by
- Angelika Niebler, Monika Hohlmeier
- Group
- EPP
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Source
- Official text, page 70
- Printed header
- Article 3 – paragraph 1 – point 6 b (new) / Regulation (EU) 2016/679 / Article 15 – paragraph 4