Proposal for a Regulation of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) - Preparation for trilogue - Main contents

Document date	27-11-2015
Publication date	28-11-2015
Reference	14605/15
From	Presidency
External link	original article
Original document in PDF

Council of the European Union Brussels, 27 November 2015

PUBLIC

(OR. en)

14605/15

Interinstitutional File:

2012/0011 (COD) i LIMITE

DATAPROTECT 216 JAI 919 MI 761 DIGIT 101 DAPIX 224 FREMP 277 COMIX 628 CODEC 1592

NOTE

From: Presidency

To: Permanent Representatives Committee

No. prev. doc.: 14318/15, 13914/15

Subject: Proposal for a Regulation of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection

Regulation) - Preparation for trilogue

DOCUMENT PARTIALLY ACCESSIBLE TO THE PUBLIC (08.12.2015)

INTRODUCTION

• 1. 

  The Commission proposed on 25 January 2012 a comprehensive data protection package comprising of:

  − abovementioned proposal for a General Data Protection Regulation, which is intended to replace the 1995 Data Protection Directive (former first pillar);

  − a proposal for a Directive on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data, which is intended to replace the 2008 Data Protection Framework Decision (former third pillar).

• 2. 

  The aim of the General Data Protection Regulation is to reinforce data protection rights of individuals, facilitate the free flow of personal data in the digital single market and reduce administrative burden.

• 3. 

  The European Parliament adopted its first reading on the proposed General Data Protection

  Regulation and Directive on 12 th March 2014.

• 4. 

  The Council agreed on a General Approach (9565/15) on the General Data Protection

Regulation on 15 th June 2015, thereby giving to the Presidency a negotiating mandate to enter

into trilogues with the European Parliament. The Presidency considers the works on the General Data Protection Regulation as one of its main priorities.

• 5. 

  In the context of the European Council’s objective to conclude the reform by the end of the year, the Presidency submits for examination with a view to confirmation to the Permanent Representatives Committee compromise suggestions on the main outstanding issues relating to all the Chapters of the draft General Data Protection Regulation. On the basis of the

  outcome of this examination, the Presidency is engaged in trilogue with the European Parliament with the aim to find an early second reading agreement.

• 6. 

  All the Chapters have been examined intensively by experts and JHA Counsellors when preparing the eight trilogues with the European Parliament that have taken place since June 2015 on all the Chapters of the General Data Protection Regulation. The Presidency sought the views of delegations on possible compromise solutions both before and after each

  trilogue. Delegations have also been debriefed on all the Chapters of the Regulation discussed

  in trilogue. Outstanding issues relating to the whole General Data Protection Regulation have

  also been analysed by the Permanent Representatives Committee on 19 th and 26 th of

November 2015. A technical follow-up to these discussions took place at JHA Counsellors

level on 30 th November 2015.

Taking into account the overall balance of this Regulation and recalling that nothing is agreed until everything is agreed, the Presidency invites delegations to confirm the compromise suggestions proposed below, including aligned recitals.

• 7. 

  Delegations will find in document 14481/15 a comprehensive version of the compromises tentatively agreed at the previous trilogues and the compromise suggestions by the

  Presidency. Text marked in brackets is considered to be still under final discussion, on which delegations may comment. This is in particular the case with provisions relating to the scope of the Directive on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data.

• 8. 

  The Presidency wishes to indicate that the present cover note will be completed in due time to

  take into account the discussions of the JHA Counsellors meeting of 30 th November 2015, in

  particular on Article 83 relating to processing of personal data for archiving purposes in the public interest or for scientific, historical or statistical purposes.

PRESIDENCY COMPROMISE SUGGESTIONS

The Presidency invites the Permanent Representatives Committee to focus the discussion on the following main outstanding issues where further input is needed.

DELETED DELETED DELETED DELETED

Conclusion

• 13. 

  In view of the next trilogues with the European Parliament, the Presidency invites the Permanent Representatives Committee to examine the Presidency compromise suggestions with a view to confirmation and give a mandate to the Presidency to continue negotiations with the European Parliament on this basis with the aim to find agreement on the General Data Protection Regulation by the end of this year.