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ca_comi_en

ca_comi_en

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12/22/2013

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Committee on the Internal Market and Consumer Protection
- Secretariat -
23/01/2013
JA/AK/lb
Vu:PK 
COMPROMISE AMENDMENTS
on the Draft Opinion
on the proposal for a regulation of the European Parliament and of the Councilon Protection of individuals with regard to the processing of personal data andthe free movement of such data (General Data Protection Regulation)(2012/0011(COD))
Rapporteur: Lara Comi
 
CA = compromise amendmentAM = amendmentart. = articlerec = rec. par = paragraphBruxelles, 23/01/2013Version 4
Recitals
CA 1 among EPP, S&D, ALDE, ECR, Greens/EFA, EFD on rec. 25
covering  AMs5, 103, 104, 106 and 220Text proposed by the CommissionAmendmen
Consent should be given
explicitly
by any
appropriate
method enabling a freelygiven specific and informed indication of the data subject's wishes, either by astatement or by a clear affirmative action by the data subject, ensuring thatindividuals are aware that they give their consent to the processing of personaldata, including by ticking a box whenvisiting an Internet website or by anyother statement or conduct which
clearly
indicates
in this
context the data subject'sacceptance of the proposed processing of their personal data. Silence or inactivityshould therefore not constitute consent.Consent should cover all processingactivities carried out for the same purposeor purposes.If the data subject's consentis to be given following an electronicrequest, the request must be clear, conciseand not unnecessarily disruptive to theuse of the service for which it is provided.Consent should be givenby any method
appropriate to the media used,
enablinga freely given specific
 ,
informed
and explicit 
indication of the data subject'swishes, either by a statement or by a clear affirmative action by the data subject,ensuring that individuals are aware thatthey give their consent to the processingof personal data, including by ticking a box when visiting an Internet website or  by any other statement or conduct whichindicates
 , clearly within the
context
 ,
thedata subject's acceptance of the proposed processing of their personal data. Silenceor inactivity should therefore notconstitute consent. Consent should cover all processing activities carried out for thesame purpose or purposes.If the datasubject's consent is to be given followingan electronic request, the request must beclear, concise and not unnecessarilydisruptive to the use of the service for which it is provided.
The information provided in order for children to expressthe consent should be given in a clear and age-appropriate language, in a waythat would be easy to understand for thechild above the age of 13.
CA 2 among EPP, S&D, ALDE, ECR, EFD on rec. 53
covering AM 11, 266 
 
Page 3\21
Text proposed by the CommissionAmendmen
Any person should have the right to have personal data concerning them rectifiedand
a
right to
be forgotten' 
where theretention of such data is not incompliance with this Regulation. In particular, data subjects should have theright that their personal data are erasedand no longer processed, where the dataare no longer necessary in relation to the purposes for which the data are collectedor otherwise processed, where datasubjects have withdrawn their consent for  processing or where they object to the processing of personal data concerningthem or where the processing of their  personal data otherwise does not complywith this Regulation. This right is particularly relevant, when the datasubject has given their consent as a child,when not being fully aware of the risksinvolved by the processing, and later wants to remove such personal dataespecially on the Internet. However, thefurther retention of the data should beallowed where it is necessary for historical, statistical and scientificresearch purposes, for reasons of publicinterest in the area of public health, for exercising the right of freedom of expression, when required by law or where there is a reason to restrict the processing of the data instead of erasingthem.Any person should have the right to have personal data concerning them rectifiedand
the
right to
have such personal dataerased 
where the retention of such datais not in compliance with this Regulation.In particular, data subjects should havethe right that their personal data areerased and no longer processed, wherethe data are no longer necessary inrelation to the purposes for which thedata are collected or otherwise processed,where data subjects have withdrawn their consent for processing or where theyobject to the processing of personal dataconcerning them or where the processingof their personal data otherwise does notcomply with this Regulation. This right is particularly relevant, when the datasubject has given their consent as a child,when not being fully aware of the risksinvolved by the processing, and later wants to remove such personal dataespecially on the Internet. However, thefurther retention of the data should beallowed where it is necessary for historical, statistical and scientificresearch purposes, for reasons of publicinterest in the area of public health, for exercising the right of freedom of expression, when required by law or where there is a reason to restrict the processing of the data instead of erasingthem.
 Also, the right to erasure shall not apply when the retention of personal data is necessary for the performance of a contract with the data subject, or whenthere is a regulatory requirement toretain this data, or for the prevention of  financial crime.
CA 3 among EPP, ALDE, ECR, EFD on rec. 67
covering AMs 18, 135, 136,137 and 138Text proposed by the CommissionAmendmen
A personal data breach may, if notaddressed in an adequate and timelyA personal data breach may, if notaddressed in an adequate and timely

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