Recital 14*

Go to related Article 2

Commission proposal

(14) This Regulation does not address issues of protection of fundamental rights and freedoms or the free flow of data related to activities which fall outside the scope of Union law, nor does it over the processing of personal data by the Union institutions, bodies, offices and agencies, which are subject to Regulation (EC) No 45/2001, or the processing of personal data by the Member States when carrying out activities in relation to the common foreign and security policy of the Union.

EDRi’s Proposed amendment

(14) This Regulation does not address issues of protection of fundamental rights and freedoms or the free flow of data related to activities which fall outside the scope of Union law, nor does it over the processing of personal data by the Union institutions, bodies, offices and agencies, which are subject to Regulation (EC) No 45/2001, or the processing of personal data by the Member States when carrying out activities in relation to the common foreign and security policy of the Union.

Justification

The logic put forward by the Commission when proposing a Regulation – namely, the need for a consistent approach to protection of the fundamental right to privacy – is contradicted by this very broad set of exceptions. Consequently, these exceptions must, in the interest of consistency, be deleted. See also the proposed amendments to Article 2.

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