Article 58
Amendments as tabled
One amendment · ITRE–LIBE amendments 1261–1564 to the draft report
1318 +Addition Axel VossEPP · ITRE–LIBE “When deciding whether and which of the corrective powers referred to in paragraph 2 to exercise, the supervisory authority shall act according to its…” numbered 2a
11c. In Article 58 the following paragraph 2a is added:
(2a)When deciding whether and which of the corrective powers referred to in paragraph 2 to exercise, the supervisory authority shall act according to its dutiful discretion, having regard to the criteria listed in Article 83(2), to the effective protection of the data subject and to the efficient use of its resources. It may refrain from exercising a corrective power where the infringement is minor or has been remedied and its exercise is not necessary to ensure compliance with this Regulation. The obligation to ensure that infringements are brought to an end remains unaffected."
Justification
INNOVATION PACKAGE #6: 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 c (new) / Regulation (EU) 2016/679 / Article 58 – paragraph 2a (new)