Amendments as tabled
Four amendments, each tabled separately · ITRE–LIBE draft report
47 ~Alternative Aura Salla +1Rapporteurs · ITRE–LIBE “without undue delay and in any event”
3a. in Article 12, paragraph 3 is replaced by the following:
3. The controller shall provide information on action taken on a request under Articles 15 to 22 to the data subject without undue delay and in any event within one month of receipt of the request. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. The controller shall inform the data subject of any such extension without undue delay and in any event within one month of receipt of the request, together with the reasons for the delay. Where the data subject makes the request by electronic form means, the information shall be provided by electronic means where possible, unless otherwise requested by the data subject.
- Rapporteurs
- Aura Salla and Marina Kaljurand
- Group
- Rapporteurs
- Document
- ITRE–LIBE draft report
- Printed header
- Article 3 – paragraph 1 – point 3 a (new) / Regulation (EU) 2016/679 / Article 12 – paragraph 3
48 ~Alternative Aura Salla +1Rapporteurs · ITRE–LIBE “Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 shall be provided free of…”
(5) Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character
or also,fortherequestscontrollerundershallArticle 15 becausegive the data subjectabusesathechoicerights conferred by this regulation for purposes other than the protection of their data, the controller may eitherbetween: (a)chargepaying a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or (b)refuse to act on the request.their request being refused.- Rapporteurs
- Aura Salla and Marina Kaljurand
- Group
- Rapporteurs
- Targets
- GDPR Article 12(5)
- Document
- ITRE–LIBE draft report
- Source
- Official text, page 36
- Printed header
- Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 12 – paragraph 5 – subparagraph 1 – introductory part
49 ~Alternative Aura Salla +1Rapporteurs · ITRE–LIBE “The controller shall bear the burden of demonstrating the manifestly unfounded or excessive character of the request.”
The controller shall bear the burden of demonstrating
thattherequest ismanifestly unfounded orthatexcessivetherecharacterareofreasonablethegrounds to believe that it is excessiverequest.- Rapporteurs
- Aura Salla and Marina Kaljurand
- Group
- Rapporteurs
- Targets
- GDPR Article 12(5)
- Document
- ITRE–LIBE draft report
- Printed header
- Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 12 – paragraph 5 – subparagraph 2
50 +Addition Aura Salla +1Rapporteurs · ITRE–LIBE “In Article 12, paragraphs 7 and 8 are deleted.” numbered 4a
4a.In Article 12, paragraphs 7 and 8 are deleted.
Justification
The delegated acts for the purpose of determining the information to be presented by the icons and the procedures for providing standardised icons have never been adopted. Therefore it seems that these paragraphs are no longer needed.
- Rapporteurs
- Aura Salla and Marina Kaljurand
- Group
- Rapporteurs
- Document
- ITRE–LIBE draft report
- Source
- Official text, page 37
- Printed header
- Article 3 – paragraph 1 – point 4 a (new) / Regulation (EU) 2016/679 / Article 12 – paragraphs 7 and 8