A4-0120/95

Decision on the common position established by the Council with a view to the adoption of a European Parliament and Council Directive on the protection of individuals with regard to the processing of personal data and on the free movement of such data (C4-0051/95 - 00/0287(COD))

(Codecision procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0051/95 - 00/0287(COD),

- having regard to its opinion at first reading ((OJ C 94, 13.4.1992, p. 173.)) on the Commission proposal, COM(90)0314 ((OJ C 277, 5.11.1990, p. 3.)),

- having regard to the amended Commission proposal, COM(92)0422 ((OJ C 311, 27.11.1992, p. 30.)),

- having regard to Article 189b(2) of the EC Treaty,

- having regard to Rule 72 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on Legal Affairs and Citizens' Rights and the opinion of the Committee on Economic and Monetary Affairs and Industrial Policy (A4-0120/95),

1. Amends the common position as follows;

2. Calls on the Commission to support Parliament's amendments in the opinion it is required to deliver pursuant to Article 189b(2)(d) of the EC Treaty;

3. Calls on the Council to approve all Parliament's amendments, amend its common position accordingly and definitively adopt the act;

4. Instructs its President to forward this decision to the Council and Commission.

(Amendment 1)

Recital 41

>Original text>

Whereas any person must be able to exercise the right of access to data relating to him which are being processed, in order to verify in particular the accuracy of the data and the lawfulness of the processing; whereas, for the same reasons, every data subject must also have the right to know the logic involved in the automatic processing of data concerning him, at least in the case of automated decisions referred to in Article 15(1); whereas this right must not adversely affect intellectual property and in particular the copyright protecting the software; whereas these considerations must not, however, result in the data subject being refused all information;

>Text following EP vote>

Whereas any person must be able to exercise the right of access to data relating to him which are being processed, in order to verify in particular the accuracy of the data and the lawfulness of the processing; whereas, for the same reasons, every data subject must also have the right to know the logic involved in the automatic processing of data concerning him, at least in the case of automated decisions referred to in Article 15(1); whereas this right must not adversely affect trade secrets or intellectual property and in particular the copyright protecting the software; whereas these considerations must not, however, result in the data subject being refused all information;

(Amendment 2)

Recital 66a (new)

>Text following EP vote>

Whereas an agreement on a 'modus vivendi' between the European Parliament, the Council and the Commission concerning the implementing measures for acts adopted in accordance with the procedure laid down in Article 189b of the EC Treaty was reached on 20 December 1994,

(Amendment 3)

Article 2(d)

>Original text>

(d) 'controller' shall mean the natural or legal person, public authority, agency or any other body which determines the purposes and means of the processing of personal data. Where the purposes and means of processing are determined by national or Community laws or regulations, the controller or the specific criteria for his nomination may be designated by a national or Community law;

>Text following EP vote>

(d) 'controller' shall mean the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of processing are determined by national or Community laws or regulations, the controller or the specific criteria for his nomination may be designated by a national or Community law;

(Amendment 4)

Article 3(2), first indent

>Original text>

- in the course of an activity which falls outside the scope of Community law, such as those provided for by Titles V and VI of the Treaty on European Union and in any case to processing operations concerning public security, defence, State security (including the economic well-being of the State) and the activities of the State in areas of criminal law;

>Text following EP vote>

- in the course of an activity which falls outside the scope of Community law, such as those provided for by Titles V and VI of the Treaty on European Union and in any case to processing operations concerning public security, defence, State security (including the economic well-being of the State when the processing operation relates to State security matters) and the activities of the State in areas of criminal law;

(Amendment 5)

Article 9

>Original text>

Member States shall provide for exemptions or derogations from the provisions of this Chapter, Chapter IV and Chapter VI for the processing of personal data carried out solely for journalistic purposes or the purpose of artistic or literary expression which prove necessary to reconcile the right to privacy with the rules governing freedom of expression.

>Text following EP vote>

Member States shall provide for exemptions or derogations from the provisions of this Chapter, Chapter IV and Chapter VI for the processing of personal data carried out solely for journalistic purposes or the purpose of artistic or literary expression only if they are necessary to reconcile the right to privacy with the rules governing freedom of expression.

(Amendment 6)

Article 26(1)(4)

>Original text>

4) the transfer is necessary on important public interest grounds, or for the establishment, exercise or defence of legal claims, or

>Text following EP vote>

4) the transfer is necessary or legally required on important public interest grounds, or for the establishment, exercise or defence of legal claims, or

(Amendment 7)

Article 31(2), third, fourth and fifth subparagraphs

>Original text>

The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.

If the measures envisaged are not in accordance with the opinion of the committee or if no opinion is delivered the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.

If within three months of the referral to it the Council has not acted, the proposed measures shall be adopted by the Commission.

>Text following EP vote>

The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the committee, they shall be communicated by the Commission to the Council forthwith. In that event:

The Commission shall defer application of the measures which it has decided for a period of three months.

The Council, acting by a qualified majority, may take a different decision within the time limit referred to in the previous subparagraph.