3 GDPR-relevant amendments by Sophie Wilmès
#265 Recital 30 a (new)
Authored by
Text proposed by the Commission
Amendment
(30a) Processing of personal data may be necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller, including where such processing is carried out by a Member State in relation to military, defence or national security purposes, as referred to in Article 4(2) and 47 of the Treaty on European Union. In accordance with Article 4(2) TEU national security remains the sole responsibility of each Member State. This Regulation should therefore not affect the ability of Member States to carry out processing operations that are necessary for the safeguarding of such essential Member State functions.
noyb's comment:
Highlighting the limtiations of the GDPR. While this can be read as a mere restatement, it can have impact in business-to-governemnt processing situations, that can be covered by the GDPR so far.
#1005 Article 6 – paragraph 1 – point e (Article 3 – paragraph 1 – point 2 a (new))
Authored by
Regulation (EU) 2016/679
Article 6 – paragraph 1 – point e
Present text
Article 6, paragraph 1(e)Amendment
2a. In Article 6, paragraph 1, point e, the following sentence is added: "This is the case, when processing is necessary for the performance of a task carried out by a Member State related to national security (Article 4(2) TEU)."Justification
It should be made possible for Member State authorities to make use of the necessary personal and non-personal (mixed) datasets if it is used for national security purposes. This amendment is however, not intended to narrow the existing exclusion or invite GDPR oversight of national security processing.
#1011 Article 6 – paragraph 1 – point e – second sentence (Article 3 – paragraph 1 – point 2 b (new))
Regulation (EU) 2016/679
Article 6 – paragraph 1 – point e – second sentence
Present text
(e)processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;Amendment
2b. Article 6 paragraph 1, point e, the following point is added: "This is the case, when processing is necessary for the performance of a task carried out by a Member State related to military and defence purposes as mentioned in Article 42 TEU."Justification
It should be made possible for Member State authorities to make use of the necessary personal and non-personal (mixed) datasets if it is used for military and defence purposes.
noyb's comment:
The amendment includes a derogation in relation to Article 6(1)(e) which is not foreseen in the current regime. Could allow for secondary use of commercial data for military purposes.