Article 57
Amendments as tabled
Seven amendments, each tabled separately · ITRE–LIBE amendments 1261–1564 to the draft report
1310 −Deletion Julie Rechagneux +7ECR, PfE · ITRE–LIBE Deletes the Commission’s wording
11. In Article 57(1) is amended as follows: (a) point (k) is deleted;- 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 57(1)(k)
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, page 39
- Printed header
- Article 3 – paragraph 1 – point 11 / Regulation (EU) 2016/679 / Article 57 – paragraph 1 – point k
1312 +Addition Oliver Schenk +13EPP · ITRE–LIBE “handle complaints lodged by a data subject, or by a body, organisation or association in accordance with Article 80 and investigate, in the case of a…”
(aa) In Article 57, paragraph 1, the following point aa is inserted
(aa)handle complaints lodged by a data subject, or by a body, organisation or association in accordance with Article 80 and investigate, in the case of a complaint by a data subject at its discretion, to the extent approriate, the subject matter of the complaint and inform the complainant of the progress and the outcome of the investigation within a reasonable period, in particular if further investigation or coordination with another supervisor authority is necessary;'
- Tabled by
- Oliver Schenk, Andrea Wechsler, Angelika Niebler, Monika Hohlmeier, Dimitris Tsiodras, Christian Doleschal, Axel Voss, Ana Miguel Pedro, Marie-Sophie Lanig, Romana Tomc, Marion Walsmann, Lena Düpont, Aura Salla, François-Xavier Bellamy
- Group
- EPP
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, page 40
- Printed header
- Article 3 – paragraph 1 – point 11 – point a a (new) / Regulation (EU) 2016/679 / Article 57 – paragraph 1 – point aa (new)
1313 ~Alternative Axel VossEPP · ITRE–LIBE “and in doing so due regard is given to the principle of proportionality, taking into account the nature, scope, context, risk, and purposes of the…”
(aa) In Article 57, paragraph 1, point d is amended as follows:
(d) promote the awareness of controllers and processors of their obligations under this Regulation
;, and in doing so due regard is given to the principle of proportionality, taking into account the nature, scope, context, risk, and purposes of the processing, while coordinating, where applicable, with the relevant competent sectoral authorities."Justification
INNOVATION PACKAGE #2: Makes the GDPR’s broad protection more proportionate in practice. It clarifies that principles, guidance, complaints and enforcement must reflect actual risk, legal certainty and the balance required by Recital 4. Supervisory authorities and the EDPB should prioritise serious infringements, coordinate with sectoral regulators, involve stakeholders and avoid guidance that creates new obligations. A Data Protection Data Space improves transparency, evidence-based supervision and consistent application across the Union.
- Tabled by
- Axel Voss
- Group
- EPP
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 11 – point a a (new) / Regulation (EU) 2016/679 / Article 57 – paragraph 1 – point d
1314 +Addition Oliver Schenk +14EPP · ITRE–LIBE “set up regulatory sandboxes to facilitate testing the compliance of specific techniques or technological solutions to be used for the data processing…”
(ab) In Article 57, paragraph 1, the following point va is added
(va)set up regulatory sandboxes to facilitate testing the compliance of specific techniques or technological solutions to be used for the data processing activities with the obligations under this Regulation or whether the data processing results in data that would be exempt from this Regulation.'
- Tabled by
- Oliver Schenk, Eva Maydell, Andrea Wechsler, Angelika Niebler, Monika Hohlmeier, Dimitris Tsiodras, Christian Doleschal, Axel Voss, Ana Miguel Pedro, Marion Walsmann, Lena Düpont, Romana Tomc, Marie-Sophie Lanig, Aura Salla, François- Xavier Bellamy
- Group
- EPP
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 11 – point a b (new) / Regulation (EU) 2016/679 / Article 57 – paragraph 1 – va
1315 ~Alternative Axel VossEPP · ITRE–LIBE “supervisory authority may determine the order of priority according”
handle complaints lodged by a data subject, or by a body, organisation or association(ab) In Article 57, paragraph 1, point f is amended:in accordance with Article 80, and investigate, to the extent appropriate, the subject matter of the complaint and inform the complainant of the progress and the outcome of the investigation within a reasonable period, in particular if further investigation or coordination with another supervisory authority is necessary;(f) in handling complaints, the supervisory authority may determine the order of priority according to the seriousness of the alleged infringement and its impact on the rights of data subjects, and may allocate its investigative resources accordingly, provided that each complaint is handled with due diligence;"Justification
INNOVATION PACKAGE #3: Makes the GDPR’s broad protection more proportionate in practice. It clarifies that principles, guidance, complaints and enforcement must reflect actual risk, legal certainty and the balance required by Recital 4. Supervisory authorities and the EDPB should prioritise serious infringements, coordinate with sectoral regulators, involve stakeholders and avoid guidance that creates new obligations. A Data Protection Data Space improves transparency, evidence-based supervision and consistent application across the Union.
- Tabled by
- Axel Voss
- Group
- EPP
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Source
- Official text, page 42
- Printed header
- Article 3 – paragraph 1 – point 11 – point a b (new) / Regulation (EU) 2016/679 / Article 57 – paragraph 1 – point f
1316 ~Alternative Axel VossEPP · ITRE–LIBE “of electronical forms and set up conditions for”
11a. In Article 57, paragraph 2 is amended as follows:
2. Each supervisory authority shall facilitate the submission of complaints referred to in point (f) of paragraph 1 by measures such as a complaint submission form.
whichSupervisorycanauthorityalsomaybeestablishcompletedtheelectronically,mandatorywithoutuseexcludingof electronical forms and set up conditions for other means of communication in exceptional cases."Justification
INNOVATION PACKAGE #4: Makes the GDPR’s broad protection more proportionate in practice. It clarifies that principles, guidance, complaints and enforcement must reflect actual risk, legal certainty and the balance required by Recital 4. Supervisory authorities and the EDPB should prioritise serious infringements, coordinate with sectoral regulators, involve stakeholders and avoid guidance that creates new obligations. A Data Protection Data Space improves transparency, evidence-based supervision and consistent application across the Union.
- Tabled by
- Axel Voss
- Group
- EPP
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 11 a (new) / Regulation (EU) 2016/679 / Article 57 – paragraph 2
1317 +Addition Axel VossEPP · ITRE–LIBE “In fullfilling their tasks supervisory authorities shall take into account that the right to the protection of personal data is not an absolute right…” numbered 4a
11b. In Article 57, the following paragraphs are added:
4a.In fullfilling their tasks supervisory authorities shall take into account that the right to the protection of personal data is not an absolute right and must be considered in relation to its function in society and balanced against other fundamental rights, in accordance with the principle of proportionality. They must have inter alia regard of the following as far as relevant in the specific circumstances:
(a)the desirability of promoting innovation;
(b)the desirability of promoting competition;
(c)the importance of the prevention, investigation, detection and prosecution of criminal offences;
(d)the need to safeguard public security and national security;
(e)the fact that children merit specific protection with regard to their personal data because they may be less aware of the risks and consequences associated with processing of personal data and of their rights in relation to such processing.
4b.Supervisory authorities shall, where appropriate, consult and cooperate on national and Union as well as in appropriate cross-border procedures with other regulatory bodies, whose regulatory tasks and powers might are related to the protection of personal data and the free flow of personal data within the Union. When consulting those and cooperating with those other regualtory bodies supervisory authorities praticularly shall take into account the matters according to paragraph 5. The Commission may adopt, by means of an implementing act, procedural rules for the sharing of personal data, business secrets, purpose limititation and other procedural aspects necessary to ensure professional secrecy.
4c.Supervisory authority shall establish a permanent panel of stakeholder representatives to ensure that they fulfill their tasks, especially regarding the matters described in paragraph 4 duely and monitor relevant developments, insofar as they have an impact on the protection of personal data and the free flow of personal data, in particular the development of information and communication technologies and commercial practices. The Commission may adopt, by means of an implementing act, rules for the appointement and the statue oft he members oft he panel and procedural requirements which ensure professional secrecy and transparency.
Justification
INNOVATION PACKAGE #5: Makes the GDPR’s broad protection more proportionate in practice. It clarifies that principles, guidance, complaints and enforcement must reflect actual risk, legal certainty and the balance required by Recital 4. Supervisory authorities and the EDPB should prioritise serious infringements, coordinate with sectoral regulators, involve stakeholders and avoid guidance that creates new obligations. A Data Protection Data Space improves transparency, evidence-based supervision and consistent application across the Union.
- Tabled by
- Axel Voss
- Group
- EPP
- Document
- ITRE–LIBE amendments 1261–1564 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 11 b (new) / Regulation (EU) 2016/679 / Article 57 – paragraphs 4a, 4b, 4c (new)