Article 15a

1. Where a public sector body, the Commission, the European Central Bank or a Union body demonstrates an exceptional need to use certain data to carry out its statutory duties in the public interest when responding to, mitigating, or supporting the recovery from a public emergency, it may request from data holders that are legal persons, other than public sectors bodies and other than small and medium-sized enterprises and small mid-cap enterprises, to make available those data, including the metadata necessary to interpret and use those data. Upon such duly reasoned request, data holders shall make the data and metadata available to the requesting public sector body, the Commission, the European Central Bank or Union body. Such requests shall not extend to data protected as trade secrets or to commercially sensitive information, shall be limited to non-personal data that is strictly necessary and proportionate to the public emergency, and shall be addressed to the person entitled to dispose of the data concerned. Such requests may also be made where the production of official statistics is required in relation to a public emergency.

Justification

Cuts the business-to-government data-provision burden.

1. Where a public sector body, the Commission, the European Central Bank or a Union body demonstrates an exceptional need to use certain data to carry out its statutory duties in the public interest when responding to, mitigating, or supporting the recovery from a public emergency, it may request from data holders that are legal persons, other than public sectors bodies, to make available those data, including the metadata necessary to interpret and use those data. Upon such duly reasoned request, data holders shall make the data and metadata available to the requesting public sector body, the Commission, the European Central Bank or Union body. Data requesters shall ensure that received data are adequately protected and shall take all measures necessary to prevent any undue harm to the data holder as a result of the data being made available. Such requests may also be made where the production of official statistics is required in relation to a public emergency.

1. Where a public sector body, the Commission, the European Central Bank or a Union body demonstrates an exceptional need to use certain data to carry out its statutory duties in the public interest when responding to, mitigating, or supporting the recovery from a public emergency, it may, as a last resort, request from data holders that are legal persons, other than public sectors bodies, to make available those data, including the metadata necessary to interpret and use those data. An exceptional need is present only when the data concerned are strictly necessary for the purpose pursued and cannot be obtained under equivalent conditions by another means. Upon such duly reasoned request, data holders shall make the data and metadata available to the requesting public sector body, the Commission, the European Central Bank or Union body. Such requests may also be made where the production of official statistics is required in relation to a public emergency.

1. Where a public sector body, the Commission, the European Central Bank or a Union body demonstrates, anon exceptionalthe needbasis of objective and verifiable evidence, that access to the requested data is strictly necessary and proportionate and that no less intrusive means are reasonably available, to use certain data to carry out its statutory duties in the public interest when responding to, mitigating, or supporting the recovery from a public emergency, it may request from data holders that are legal persons, other than public sectors bodies, to make available those data, including the metadata necessary to interpret and use those data. Upon such duly reasoned request, data holders shall make the data and metadata available to the requesting public sector body, the Commission, the European Central Bank or Union body. Such requests may also be made where the production of official statistics is required in relation to a public emergency.

1. Where a public sector body, the Commission, the European Central Bank or a Union body demonstrates an exceptional need to use certain data to carry out its statutory duties in the public interest when responding to, mitigating, or supporting the recovery from a public emergency, it may request from data holders that are legal persons, other than public sectors bodies, to make available those data, including the metadata necessary to interpret and use those data. Upon such duly reasoned request, data holders shall make the data and metadata available to the requesting public sector body, the Commission, the European Central Bank or Union body. Such requests may also be made where the production of official statistics is required in relation to a public emergency.

2. Where the data requested are necessary to respond to a public emergency, and the requesting body pursuant to paragraph 1 is unable to obtain such data by other means in a timely and effective manner under equivalent conditions, the request shall concern non-personal data. Before requesting personal data, the requesting authority shall demonstrate that aggregated, anonymised or other non-personal data are insufficient to achieve the intended objective. Where the provision of non-personal data is insufficient to address the public emergency, personal data may also be requested and, where possible, made available in pseudonymized form, subject to appropriate technical and organisational measures to ensure their protection.

2. Where the data requested are strictly necessary to respond to a public emergency, and the requesting body pursuant to paragraph 1 is unable to obtain such data by other means in a timely and effective manner under equivalent conditions, the request shall concern non-personal data. WherePersonal data may only be requested as a last resort where it is demonstrated that the provision of non-personal data is insufficient to address the public emergency, personaland data may also be requested andmust, where possible, be made available in pseudonymised form, subject to appropriate technical and organisational measures to ensure their protection against any re-identification, any personal data breaches and any unlawful use.

2. Where the data requested are necessary to respond to a public emergency, and the requesting body pursuant to paragraph 1 is unable to obtain such data by other means in a timely and effective manner under equivalent conditions, the request shall concern non-personal data. Where the provision of non-personal data is insufficient to address the public emergency, personal data may also be requested and, wherewherever possibletechnically feasible, made available in pseudonymized form, subject to appropriate technical and organisational measures to ensure their protection.

2. Where the data requested are necessary to respond to a public emergency, and the requesting body pursuant to paragraph 1 is unable to obtain such data by other means in a timely and effective manner under equivalent conditions, the request shall concern non-personal data. Where the provision of non-personal data is insufficient to addressrespond to the public emergency, personal data may also be requested and, whereunless possiblestrictly necessary, made available in pseudonymized form, subject to appropriate technical and organisational measures to ensure their protection.

3. Where the data requested are necessary to mitigate or support the recovery from a public emergency, a requesting body pursuant to paragraph 1 acting on the basis of Union or national law, may request specific non-personal data, the lack of which prevent it from mitigating or supporting the recovery from a public emergency. Such requests shall not be made to microenterprises and small enterprises.;