Amendments as tabled
One amendment · ITRE–LIBE draft report
20 ~Alternative Aura Salla +1Rapporteurs · ITRE–LIBE “Where informing the natural or legal person before compliance would seriously and demonstrably undermine a lawful investigation or enforcement…”
5. The provider of data processing services, the public sector body making available data or documents in accordance with Chapter VIIc Section 3, the natural or legal person to which the right to re-use data or documents in accordance with Chapter VIIc Section 3 was granted, the data intermediation services provider or the recognised data altruism organisation shall inform the natural or legal person whose rights and interests might be affected about the existence of a request of a third-country authority to access its data before complying with that request, except where the request
servesislawmadeenforcementby competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties and for as long as this is necessary to preserve the effectiveness of the law enforcement activity. Where informing the natural or legal person before compliance would seriously and demonstrably undermine a lawful investigation or enforcement activity, notification may be delayed only for as long as strictly necessary and proportionate. The reasons for delayed notification shall be documented and made available to the competent authority upon request. The affected person shall be informed as soon as the reason for delay no longer applies. Providers and other addressees shall publish annual transparency reports containing aggregate information on third-country access requests, legal bases invoked, categories of data concerned, the number of requests complied with, refused, or challenged, and the number of cases in which notification was delayed.’;- Rapporteurs
- Aura Salla and Marina Kaljurand
- Group
- Rapporteurs
- Targets
- Data Act Article 32(5)
- Document
- ITRE–LIBE draft report
- Printed header
- Article 1 – paragraph 1 – point 16 – point c / Regulation (EU) 2023/2854 / Article 32 – paragraph 5