Changes from report parliamentary committee draft to plenary report

Added(b) the data cannot be ▌ obtained by alternative means such as surveys or reuse of administrative records, or their reuse will result in a considerable reduction in the response burden on data holders and other businesses.

Added2. As coordinator of the national statistical system, an NSI may submit a request for data to a private data holder on behalf of an ONA, when the data requested is necessary for European statistics developed and produced by that ONA.

Added3. The NSIs and the Commission (Eurostat) shall cooperate and mutually assist each other in order to avoid excessive requests on private data holders and to determine who is to submit requests for data. In particular, the request for data shall be submitted to a private data holder by the Commission (Eurostat), in agreement with the NSIs, when such an approach is more efficient, for instance in the case of data holders operating on a Union wide scale.

Added4. The Commission (Eurostat) may, in agreement with the NSIs, set up a secure infrastructure to facilitate the further sharing with the NSIs of data that has been accessed in accordance with paragraph 2.

AddedThe secure infrastructure shall be based on technologies that are specifically designed to comply with Regulations (EU) 2016/679 and (EU) 2018/1725.

Added4a. Where data under paragraph 1 need specific processing, the Member States or the Commission (Eurostat) shall provide the private data holder with compensation for that specific processing service.

Added5. This Article shall not apply to small and micro enterprises as defined in Article 2 of the Annex to Commission Recommendation 2003/361/EC.

AddedArticle 17c Requests for data and arrangements for making data available for development and production of European statistics

Added1. When requesting data in accordance with Article 17b, the NSIs or the Commission (Eurostat) shall:

Added(a) specify what data is required;

Added(b) demonstrate the statistical need for which the data is requested in accordance with Article 17b(1);

Added(c) specify the frequency with which and the deadlines by which the data is to be made available;

Added(d) specify the operational arrangements for making the data available;

Added(e) invite the data holder to the dialogue under paragraph 3;

Added(ea) clarify that any processing of data in connection with a request for data under this Article is without prejudice to Directive 2002/58/EC of the European Parliament and of the Council.

Added2. Requests for data referred to in paragraph 1 shall:

Added(a) follow the principle of data minimisation and be proportionate to the statistical need in terms of the level of detail, volume and frequency of the data;

Added(b) concern▌ non-personal data.

Added3. Following a request for data referred to in paragraph 1, a dialogue shall take place between the NSI or the Commission (Eurostat) and the concerned data holder to discuss aspects such as the level of aggregation of the data, the deadline and arrangements for the provision of the data, the security and confidentiality protection measures as well as the cost compensation aspects, with the aim of concluding an agreement on those aspects.

Added4. If no agreement is concluded within three months following the notification of the request for data referred to in paragraph 1, the NSI or the Commission may, by means of a justified decision, require the private data holder to make the data available. The decision shall be specific as required under paragraph 1 letters (a) to (d) and shall take into account issues on which views may have converged during the dialogue with the data holder. The decision may also include compensation for the private data holder that shall not exceed the marginal costs related to the preparation required for making the data available. The period for making the data available may not be shorter than 15 days. Before adopting the decision, the NSI or the Commission shall give the data holder the opportunity of being heard on the measures that the NSI or the Commission intend to take. The decision shall indicate the fines provided for under paragraph 6 and the means of redress against it.

Added5. Without prejudice to reporting obligations laid down in sectoral statistical legislation of the Union, a data holder shall make the relevant data available to the NSI or the Commission (Eurostat) within the period specified in the decision pursuant to paragraph 4 of this Article.

Added5a. Sharing of data by private data holders shall be based on technologies that are specifically designed to comply with Regulations (EU) 2016/679 and (EU) 2018/1725 and shall take place using secure infrastructure.

Added6. The Member States and the Commission shall take appropriate measures to ensure the effective enforcement of the decisions adopted in accordance with paragraph 4. Those measures may include the adoption of fines where the private data holder intentionally or negligently fails to supply the data requested by decision within the set period or supplies incorrect, incomplete or misleading data. In fixing the amount of the fines, the Member State and the Commission shall have regard to the nature, gravity, duration and recurrence of the infringement.

Added7. In order to comply with paragraph 6, the Commission may adopt decisions imposing fines of maximum EUR 25 000. In case of recurrence within three years the fine may reach EUR 50 000. The Commission may issue guidelines on the calculation of the fine.

Added8. The Commission may adopt a decision imposing a fine within one year following the deadline for the submission of data laid down in its decision under paragraph 4 where the data holder fails to submit any data or within one year of the submission of incorrect, incomplete or misleading data.

AddedThe power of the Commission to enforce decisions imposing a fine shall be subject to a limitation period of five years. Time shall begin to run on the day on which the decision becomes final.

Added9. Before adopting a decision pursuant to paragraph 6 of this Article, the Member States and the Commission shall give the data holder the opportunity of being heard on preliminary findings and measures that the Member State or the Commission may intend to take in view of the preliminary findings.

Added10. The Commission shall establish, by way of implementing acts, the general technical arrangements for making data available under this Article, in particular for the purposes of requesting data from private data holders under specific circumstances, detailing the categories of personal data that may be requested and the types of sources from which those categories of personal data may be obtained. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(2).

AddedArticle 17d Review of decisions imposing fines by the Court of justice of the European Union

AddedIn accordance with Article 261 TFEU, the Court of Justice of the European Union has unlimited jurisdiction to review decisions by which the Commission has imposed fines. It may cancel, reduce or increase the fine imposed.

AddedArticle 17e Obligations of NSIs and the Commission (Eurostat) in reusing data made available for development and production of European statistics

Added1. The NSIs and the Commission (Eurostat) shall use data made available in accordance with Article 17b for the development, production and dissemination of European statistics:

Added(a) exclusively for statistical purposes;

Added(b) in conformity with principles of statistical confidentiality and cost-effectiveness; and

Added(c) in compliance with the obligation not to share them with third parties unless the data holder has agreed to do so, subject to paragraph 1a of this Article.

Added1a. The NSIs and the Commission (Eurostat) shall put in place appropriate safeguards relating to the processing of personal data for statistical purposes in accordance with Article 89 of Regulation (EU) 2016/679 and Article 13 of Regulation (EU) 2018/1725, in particular in order to ensure compliance with the principle that data is to be rendered anonymous.

AddedThe ESS shall share the data with ESCB members, without the prior agreement of the data holder, where necessary for the development, production and dissemination of European statistics, within the respective spheres of competence of the ESS and the ESCB, and where such necessity has been duly established.

Added2. The NSIs and the Commission (Eurostat) shall:

Added(a) take appropriate measures to protect statistical confidentiality and trade secrets and to preserve other legitimate concerns of private data holders including the cost and effort required to make the data available;

Added(b) implement, insofar as the processing of personal data is necessary, technical and organisational measures which safeguard the rights and freedoms of data subjects.

Added3. Paragraphs 1 and 2 of this Article shall apply to an ONA that has received data following a request submitted on its behalf by a NSI in accordance with Article 17b(2).

Added3a. Paragraph 3 shall apply to an ESCB member that has received data in accordance with paragraph 1a.

Added4. The Commission (Eurostat) shall publish a description of the main categories of costs related to the data processing for which compensation may be granted to the data holder and the methodology for calculating these costs, taking into account the principle of cost-effectiveness and not entailing excessive burdens on economic operators as laid down in Article 338(2) TFEU.

Added1. Non-confidential data shall be shared between NSIs and between NSIs and the Commission (Eurostat) exclusively for statistical purposes and for improving the quality of European statistics.

Added2. Data sharing shall take place upon request by an NSI or the Commission (Eurostat) where this is relevant and necessary. Data sharing shall also take place when the request is put forward by an NSI on behalf of an ONA and the data is used exclusively for statistical purposes and for improving the quality of European statistics developed and produced by that ONA.

Added2a. Data sharing shall take place between the ESS and a member of the ESCB in areas of shared responsibility or common interest and where the data are used exclusively for statistical purposes and for improving the quality of European statistics developed and produced by that member of the ESCB.

Added3. The NSIs, and when relevant the ONAs or members of the ESCB, participating in the data sharing within the ESS shall provide all necessary safeguards with regard to the physical and logical protection of data confidentiality. The Commission (Eurostat) shall set up a secure infrastructure to facilitate data sharing. The NSIs, and when relevant the ONAs or members of the ESCB, may use that secure data sharing infrastructure for the purpose specified in paragraph 1.

Added3a. Researchers shall have access to databases constituted by the Commission (Eurostat) that include data from private sources, in particular access to microdata. Private data owners shall be informed about the use of their data by researchers and given the opportunity to deny access, if such access would unduly harm their interests.

Added4. When the data concerned is confidential data within the meaning of Article 3 of this Regulation or is personal data as defined in Regulations (EU) 2016/679 and (EU) 2018/1725, the sharing of such data shall be allowed and may take place on a voluntary basis provided it fulfils all of the following conditions:

Added(a) it is based on a request justifying the necessity to share the data in each individual case, in particular with regard to the quality issues that are to be specifically addressed;

Added(b) it is based on privacy-enhancing technologies that are specifically designed to comply with Regulations (EU) 2016/679 and (EU) 2018/1725, with particular regard to purpose limitation, data minimisation, storage limitation, integrity and confidentiality;

Added(c) it does not affect Chapter V of this Regulation.

Added5. The data requested under this Article shall not pertain to issues of national security and military matters.

Added6. The Commission shall, by means of implementing acts, set out the technical aspects of data sharing between the statistical authorities referred to in this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(2).

Added7. This Article is without prejudice to Article 21 of this Regulation.’;

Added(8) the following Chapter IIIa is inserted:

Added‘CHAPTER IIIa

AddedDEVELOPMENT OF EUROPEAN STATISTICS

Added1. The NSIs, the ONAs and the Commission (Eurostat) shall endeavour to continuously innovate and develop new statistical outputs and insights based on all available data sources and to use state of the art technologies, with the aim of integrating them in the regular production of European statistics.

Added2. European statistics shall be developed in full compliance with the statistical principles, as set out in Article 2(1). Statistics under development may not necessarily fulfil all the quality criteria set out in Article 12(1).