Article 85*

Article 85 – Existing data protection rules of churches and religious associations

Commission Proposal

1. Where in a Member State, churches and religious associations or communities apply, at the time of entry into force of this Regulation, comprehensive rules relating to the protection of individuals with regard to the processing of personal data, such rules may continue to apply, provided that they are brought in line with the provisions of this Regulation.2. Churches and religious associations which apply comprehensive rules in accordance with paragraph 1 shall provide for the establishment of an independent supervisory authority in accordance with Chapter VI of this Regulation.

Go to related Recital 128

EDRi’s proposed amendment

1. Where in a Member State, churches and religious associations or communities apply, at the time of entry into force of this Regulation, comprehensive rules relating to the protection of individuals with regard to the processing of personal data, such rules may continue to apply, provided that they are brought in line with the provisions of this Regulation.2. Churches and religious associations which apply comprehensive rules in accordance with paragraph 1 shall provide for the establishment of be subject to supervision by an independent supervisory authority in accordance with Chapter VI of this Regulation.

Justification

There is no reason why churches and religious associations should not be subject to supervision by the same supervisory authority as everyone else.

Comments
One Response to “Article 85*”
  1. Oh yes, there is a reason! And that is given in Art. 17 in the Consolidated Version of the Treaty On the Functioning of the European Union. This says:

    “1. The Union respects and does not prejudice the status under national law of churches and
    religious associations or communities in the Member States.”

    The Churches in Germany have the constitutional right of self-government. And that is the reason, the Federeal Republic of Germany has respected the independent data-protection law of the churches an their own authority in supervising. The European Union should not damage a contractually accorded right.

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