Article 17 – Requests for data to be made available
Changes since3 September 2026ST 12535/26, Art 17
Same wording as in the Council text of 3 September 2026. Every change, paragraph by paragraph
Text as printed
Same wording since 10 June · Changes since the Commission proposal
Article 17(1), introductory wording In every text (Article 17(1), introductory wording)
When requesting data pursuant to Article 15a, a public sector body, the Commission, the European Central Bank or a Union body shall:
ST 13886/26, page 66
Article 17(1)(b) In every text (Article 17(1)(b))
demonstrate that the conditions for the request under Article 15a are met;
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Article 17(1)(c) In every text (Article 17(1)(c))
explain the purpose of the request, the intended use of the data requested, including, where applicable, by a third party in accordance with paragraph 4 of this Article, the duration of that use, and, where relevant, how the processing of personal data is to address the public emergency;;
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Article 17(2)(c) In every text (Article 17(2)(c))
be proportionate to the public emergency and duly justified, regarding the granularity and volume of the data requested and the frequency of access to the data requested;;
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Article 17(2)(e) In every text (Article 17(2)(e))
The Council draft deletes this provision and supplies no replacement wording. Open the official source to read the instruction in context.
The amending passage as printed
(ii) point (e) is deleted.
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Article 17(2)(i) In every text (Article 17(2)(i))
(i)where personal data are requested, be notified without undue delay to the supervisory authority responsible for monitoring the application of Regulation (EU) 2016/679 in the Member State where the public sector body is established or to the EDPS where the request is made by the Commission, the European Central Bank or a Union body.
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Article 17(4) In every text (Article 17(4))
Paragraph 3 of this Article does not preclude a public sector body, the Commission, the European Central Bank or a Union body to exchange data obtained pursuant to this Chapter with another public sector body or the Commission, the European Central Bank or a Union body in view of completing the tasks referred to in Article 15a, as specified in the request in accordance with paragraph 1, point (f), of this Article or to make the data available to a third party where it has delegated, by means of a publicly available agreement, technical inspections or other functions to that third party. The obligations on public sector bodies pursuant to Article 19, in particular safeguards to preserve the confidentiality of trade secrets, shall apply also to such third parties. Where a public sector body, the Commission, the European Central Bank or a Union body transmits or makes data available under this paragraph, it shall notify the data holder from whom the data was received without undue delay.
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Article 17(5) In every text (Article 17(5))
The Council draft deletes this provision and supplies no replacement wording. Open the official source to read the instruction in context.
The amending passage as printed
(c) paragraphs 5 and 6 are deleted;
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Article 17(6) In every text (Article 17(6))
The amending passage as printed
(c) paragraphs 5 and 6 are deleted;
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