69 Amendments of Laura FERRARA related to 2011/0023(COD)
Amendment 62 #
Proposal for a directive
Recital -1 (new)
Recital -1 (new)
(-1) The purpose of this Directive is to harmonise the laws of the Member States in order to establish a single legislative framework for the protection and exchange of PNR data between Member State law enforcement authorities.
Amendment 75 #
Proposal for a directive
Recital 5
Recital 5
(5) PNR data are necessary tocan be a useful means of effectively preventing, detecting, investigateing and prosecuteing terrorist offences and serious crime and thus enhance internal securitytransnational crime.
Amendment 77 #
Proposal for a directive
Recital 6
Recital 6
Amendment 91 #
Proposal for a directive
Recital 7
Recital 7
(7) PNR data enable law enforcement authorities to identify persons who were previously "‘unknown"’, i.e. persons previously unsuspected of involvement in serious transnational crime and terrorism, but whom an analysis of the data suggests may well be involved in such crime and who should therefore be subject to further examination by the competent authorities. By using PNR data law enforcement authorities canPNR data could also provide a useful means of addressing the threat of serious transnational crime and terrorism from a different perspective than through the processing of other categories of personal data. However, in order to ensure that the processing of data of innocent and unsuspected persons remains as limited as possible, the aspects of the use of PNR data relating to the creation and application of assessment criteria should be further limited to serious crimes that are also transnational in nature, i.e. are intrinsically linked to travelling and hence the type of the data being processed.
Amendment 101 #
Proposal for a directive
Recital 9
Recital 9
Amendment 107 #
Proposal for a directive
Recital 10
Recital 10
(10) To prevent, detect, investigate and prosecute terrorist offences and serious transnational crime, it is therefore essential that all Member States introduce provisions laying down obligations on air carriers operating international flights to or from the territory of the Member States of the European Union.
Amendment 121 #
Proposal for a directive
Recital 12
Recital 12
(12) The definition of terrorist offences should be taken from Articles 1 to 4 of Council Framework Decision 2002/475/JHA on combating terrorism37. The definitionlist of serious crime should be taken fromtransnational crimes included in this Directive should be drawn up by selected a number of the offences referred to in Article 2(2) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedure between Member States38. However, and the United Nations Convention against Transnational Organized Crime. Member States mayust exclude those minor offences for which, taking into account their respective criminal justice system, the processing of PNR data pursuant to this directive would not be in line with the principle of proportionality. The definition of serious transnational crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA and the United Nations Convention on Transnational Organised Crimeserious offences as defined in Article 2(2) of Council Framework Decision 2002/584/JHA that are not transnational in nature and minor offences for which the processing of PNR data pursuant to this directive would not be in line with the principle of proportionality. __________________ 37 OJ L 164, 22.06.2002, p. 3. Decision as amended by Council Framework Decision 2008/919/JHA of 28 November 2008 (OJ L 330, 9.1.2.2008, p. 21). 38 OJ L 190, 18.7.2002, p. 1. OJ L 190, 18.7.2002, p. 1.
Amendment 132 #
Proposal for a directive
Recital 14
Recital 14
(14) The contents of any lists of required PNR data to be obtained by the Passenger Information Unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent, detect, investigate and prosecute terrorist offences or serious crime, thereby improving internal security within the Union as well astransnational crime, as well as guaranteeing the protectingon of the fundamental rights of citizens, notably privacy and the protection of personal data. SIn particular, such lists should not contain any personal data, and in particular any data that could reveal racial or, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or data concerning health or sexual life of the individual concerned. The PNR data should contain details on the passenger’s reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security social origin, genetic features, language, religion or personal beliefs, political or any other opinions, membership of a national minority, property, birth, disability, sexual orientation, trade union membership or data concerning health or sexual life of the individual concerned. The PNR data should contain only the details referred to in this Directive.
Amendment 142 #
Proposal for a directive
Recital 17
Recital 17
(17) The Member States should take all necessary measures to enable air carriers to fulfil their obligations under this Directive. Dissuasive, effective and proportionate penalties, including financial ones, should be provided for by Member States against those air carriers failing to meet their obligations regarding the transfer of PNR data and to uphold the fundamental rights of passengers, in particular their right to privacy and to the protection of their personal data when such lists are drawn up. Where there are repeated serious infringements which might undermine the basic objectives of this Directive, these penalties may include, in exceptional cases, measures such as the immobilisation, seizure and confiscation of the means of transport, or the temporary suspension or withdrawal of the operating licence.
Amendment 147 #
Proposal for a directive
Recital 18
Recital 18
Amendment 152 #
Proposal for a directive
Recital 19
Recital 19
(19) Taking fully into consideration the right to the protection of personal data and the right to non-discrimination, no decision that produces an adverse legal effect on a person or seriously affects him/her should be taken only by reason of the automated processing of PNR data. Such decisions shall not be taken on the basis of a person’s race or ethnic origin social origin, genetic features, language, religiousn or philosophicersonal belief, political opinr any other opinions, membership of a national minority, property, birth, disability, sexual orientation, trade union membership, health or sexual life.
Amendment 162 #
Proposal for a directive
Recital 20
Recital 20
(20) Member States should share with other Member States the PNR data that they receive where such transfer is necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious transnational crime. The provisions of this Directive should be without prejudice to other Union instruments on the exchange of information between police and judicial authorities, including Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol)39 and Council Framework Decision 2006/960/JHA of 18 September 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union40. Such exchange of PNR data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation and should not undermine the protection of privacy and personal data. __________________ 39 OJ L 121, 15.5.2009, p. 37. 40 OJ L 386, 29.12.2006, p. 89.
Amendment 170 #
Proposal for a directive
Recital 21
Recital 21
(21) The period during which PNR data are to be retained should be proportionate to the purposes of the prevention, detection, investigation and prosecution of terrorist offences and serious crime. Because of the nature of the data and their uses, it is necessary that the PNR data are retained for a sufficiently long period for carrying out analysis and for use in investigationstransnational crime. It is necessary that the PNR data are retained for the period strictly necessary for their use in investigations and are permanently destroyed at the end of the retention period provided for in this Directive. In order to avoid disproportionate use, it is necessary that, after an initial period, the data are anonymised and only accessible under very strict and limited conditions.
Amendment 178 #
Proposal for a directive
Recital 23
Recital 23
(23) The processing of PNR data domestically in each Member State by the Passenger Information Unit and by competent authorities should be subject to a standard of protection of personal data under their national law which is in line with Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters41 (‘Framework Decision 2008/977/JHA’). __________________ 41 and subsequent amendments thereto. __________________ 41 OJ L 350, 30.12.2008, p. 60. OJ L 350, 30.12.2008, p. 60.
Amendment 184 #
Proposal for a directive
Recital 25
Recital 25
(25) Taking into account the right of passengersPassengers have an inalienable right to be informed of the processing of their personal data, and Member States should ensure they are provided with accurate information about the collection of PNR data and their transfer to the Passenger Information Unit and about their right to access, correct, erase or block their personal data and to seek legal redress.
Amendment 190 #
Proposal for a directive
Recital 26
Recital 26
(26) Transfers of PNR data by Member States to third countries should be permitted only on a case-by-case basis, and inonly in full compliance with the provisions laid down by Member States pursuant to Framework Decision 2008/977/JHA. To ensure the protection of personal data, such transfers should be subject to additional requirements relating to the purpose of the transfer, the quality of the receiving authority and the safeguards applicable to the personal data transferred to the third country, in particular the right to access, correct, erase or block their personal data and to seek legal redress.
Amendment 194 #
Proposal for a directive
Recital 27
Recital 27
(27) The national supervisory authority that has been established in implementation of Framework Decision 2008/977/JHA should also be responsible for advising on and monitoring of the application and implementation of the provisions of this Directive.Does not affect English version.)
Amendment 202 #
Proposal for a directive
Recital 28
Recital 28
(28) This Directive does not affect the possibility for Member States to provide, under their domestic law, for a system of collection and handling of PNR data for purposes other than those specified in this Directive, or from transportation providers other than those specified in the Directive, regarding internal flights subject to compliance with relevant data protection provisions, provided that such domestic law respects the Union acquisMember States should not be able to use PNR data for purposes other than those specified in this Directive, or from transportation providers other than those specified in the Directive. The issue of the collection of PNR data on internal flights should be the subject of specific reflection at a future date.
Amendment 206 #
Proposal for a directive
Recital 29
Recital 29
(29) As a result of the legal and technical differences between national provisions concerning the processing of personal data, including PNR, air carriers are and will be faced with different requirements regarding the types of information to be transmitted, as well as the conditions under which this information needs to be provided to competent national authorities. These differences may be prejudicial toshould follow a single model for the collection of PNR data to be transmitted to the Passenger Information Unit, so as not to run the risk of compromising effective cooperation between the competent national authorities for the purposes of preventing, detecting, investigating and prosecuting terrorist offences or serious crime.
Amendment 220 #
Proposal for a directive
Recital 32
Recital 32
(32) In particular, the scope of the Directive is as limited as possible, it allows retention of PNR data for period of time not exceeding 52 years, after which the data must be permanently deleted, the data must be anonymised after a very short period, the collection and use of sensitive data isand any form of direct or indirect discrimination on the basis of the data collected are prohibited. In order to ensure efficiency and a high level of data protection, Member States are required to ensure that anthe independent national supervisory authority is responsible for advising and monitoring how PNR data are processedprovided for in Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data is responsible for advising and monitoring how PNR data are processed and is obliged to report to the competent authorities any infringements of the procedures for transferring and processing such data. All processing of PNR data must be logged or documented for the purpose of verification of the lawfulness of the data processing, self- monitoring and ensuring proper data integrity and security of the data processing. Member States must also ensure that passengers are clearly and precisely informed about the collection of PNR data and their rights.
Amendment 235 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The PNR data collected in accordance with this Directive may be processed only for the following purposes: (a) The prevention, detection, investigation and prosecution of terrorist offences and serious crime according to Article 4(2)(b) and (c); and (b) Thepurposes of prevention, detection, investigation and prosecution of terrorist offences and serious transnational crime in according toance with Article 4(2)(a) and (d).. deleted deleted
Amendment 259 #
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘Passenger Name Record’ or 'PNR data' means a record of each passenger’s travel requirements which contains information necessary to enable reservations to be processed and controlled by the booking and participating air carriers for each journey booked by or on behalf of any person, whether it is contained in reservation systems, Departure Control Systems (DCS) or equivalent systems providing the same functionalities. PNR data consists of the information listed in the Annex;
Amendment 261 #
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘reservation systems’ means the air carrier’s internal inventory system,any inventory system used by the air carrier in which PNR data are collected for the handling of reservations;
Amendment 266 #
Proposal for a directive
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘’push method’ means the method whereby air carriers transfer the required PNR data into the database of the authority requesting themPassenger Information Unit;
Amendment 267 #
Proposal for a directive
Article 2 – paragraph 1 – point f a (new)
Article 2 – paragraph 1 – point f a (new)
(fa) ‘anonymising data’ means making PNR data that could allow the passenger’s identity to be traced unavailable to the user, without erasing them.
Amendment 276 #
Proposal for a directive
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
Amendment 290 #
Proposal for a directive
Article 2 – paragraph 1 – point i – introductory part
Article 2 – paragraph 1 – point i – introductory part
(i) ‘serious transnational crime’ means the following offences under national law referred to in Article 2(2) of Council Framework Decision 2002/584/JHA: – participation in a criminal organisation, – terrorism, – trafficking in human beings, – sexual exploitation of children and child pornography, – illicit trafficking in narcotic drugs and psychotropic substances, – illicit trafficking in arms, ammunition and explosives, – laundering of the proceeds of crime, – environmental crime, including illicit trafficking in protected animal species and in protected plant species and varieties, – murder, grievous bodily injury, – illicit trade in human organs and tissue, – kidnapping, illegal restraint and hostage-taking, – forgery of means of payment, – illicit trafficking in nuclear or radioactive materials, – crimes within the jurisdiction of the International Criminal Court; – unlawful seizure of aircraft/ships, – sabotage, if they are punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of a Member State, and if:
Amendment 298 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall set up or designate an authority competent for the prevention, detection, investigation or prosecution of terrorist offences and serious transnational crime or a branch of such an authority to act as its ‘'Passenger Information Unit’' responsible for collecting PNR data from the air carriers, storing them, analysing them and transmitting the result of the analysis to the competent authorities referred to in Article 5. Its staff members may be seconded from competent public authoritiesshall be persons of proven integrity and competence and may be seconded from competent public authorities. An independent data protection officer shall be appointed from among the staff of the Passenger Information Unit and given responsibility for overseeing the work of the unit and in particular for checking that transfers of data to the competent authorities are performed in full compliance with the limits laid down in this Directive and in Framework Decision 2008/977/JHA and for reporting any infringements to the national supervisory authority.
Amendment 332 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The PNR data transferred by the air carriers, pursuant to Article 6, in relation to international flights which land on or depart from the territory of each Member State shall be collected by the Passenger Information Unit of the relevant Member State. The air carriers shall transfer to the Passenger Information Unit only the PNR data listed in the Annex. Should the PNR data transferred by air carriers include data beyond those listed in the Annex, the Passenger Information Unit shall delete such data immediately and permanently upon receipt.
Amendment 349 #
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or serious transnational crime and who require further examination by the competent authorities referred to in Article 5. In carrying out such an assessment, the Passenger Information Unit may process PNR data against criteria that have been pre- determined criteriaand updated by the Commission through delegated acts under Article 290 TFEU. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated means in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 354 #
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
Amendment 366 #
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) responding, on a case-by-case basis, to duly reasoned requests from competent judicial authorities to provide PNR data and process PNR data in specific cases for the purpose of prevention, detection, investigation and prosecution of a terrorist offence or serious transnational crime, and to provide the competent authorities with the results of such processing; and
Amendment 372 #
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
Amendment 378 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The assessment of the passengers prior to their scheduled arrival or departure from the Member State referred to in point (a) of paragraph 2 shall be carried out in a non- discriminatory manner on the basis of common assessment criteria established by its Passenger Information Unit. Member States shall ensure that the assessment criteria are set by the Passenger Information Units, in cooperation with the competent authorities referred to in Article 5the Commission through delegated acts pursuant to point (a) of paragraph 2. The assessment criteria shall in no circumstances be based on a person’s race orial, ethnic origin social origin, genetic features, language, religiousn or philosophicersonal beliefs, political opinionr any other opinions, membership of a national minority, assets, birth, disabilities, sexual preferences, trade union membership, or data concerning health or sexual life.
Amendment 391 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The Passenger Information Unit of a Member State shall transfer the PNR data or the results of the processing of PNR data of the persons identified in accordance with points (a) and (b) of paragraph 2 for further examination to the relevant competent authorities of the same Member State. Such transfers shall only be made on a case-by- case basis.
Amendment 414 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Each Member State shall adopt a list of the competent authorities entitled to request or receive PNR data or the result of the processing of PNR data from the Passenger Information Units in order to examine that information further or take appropriate action for the purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious transnational crime.
Amendment 417 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Competent authorities shall consist of judicial authorities competent for the prevention, detection, investigation or prosecution of terrorist offences and serious transnational crime.
Amendment 435 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The PNR data of passengers and the result of the processing of PNR data received by the Passenger Information Unit may be further processed by the competent authorities of the Member States only for the purpose of preventing, detecting, investigating or prosecuting terrorist offences or serious transnational crime.
Amendment 438 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. The competent authorities shall not take any decision that produces an adverse legal effect on a person or significantly affects a person only by reason of the automated processing of PNR data. SNeither shall such decisions shall not be taken on the basis of a person’s race orial, ethnic origin social origin, genetic features, language, religiousn or philosophicersonal beliefs, political opinionr any other opinions, membership of a national minority, assets, birth, disabilities, sexual preferences, trade union membership, or data concerning health or sexual life.
Amendment 474 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. On a case-by-case basis, upon request from a Passenger Information Unit in accordance with national law, air carriers shall transfer PNR data where access earlier than that mentioned in point (a) of paragraph 2 is necessary to assist in responding to a specific and actual threat related to terrorist offences or serious transnational crime.
Amendment 484 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that, with regard to persons identified by a Passenger Information Unit in accordance with Article 4(2)(a) and (b), the result of the processing of PNR data is transmitted by that Passenger Information Unit to the Passenger Information Units of other Member States where the former Passenger Information Unit considers such transfer to be necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious transnational crime. The Passenger Information Units of the receiving Member States shall transmit such PNR data or the result of the processing of PNR data to their relevant competent authorities in accordance with the provisions of Article 4(2)(a).
Amendment 497 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’s database in accordance with Article 9(1), and, if necessary, also the result of the processing of PNR data. The request for such data may be based on any one or a combination of data elements, as deemed necessary by the requesting Passenger Information Unit solely and exclusively for a specific case of prevention, detection, investigation or prosecution of terrorist offences or serious transnational crime. Passenger Information Units shall provide the requested data as soon as practicable and shall provide also the result of the processing of PNR data, if it has already been prepared pursuant to Article 4(2)(a) and (b).
Amendment 504 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’s database in accordance with Article 9(2), and, if necessary, also the result of the processing of PNR data. The Passenger Information Unit may request access to specific PNR data kept by the Passenger Information Unit of another Member State in their full form without the masking out only in exceptional circumstances in response to a specific threat or aonly where it is necessary in order to prevent a serious, specific and immediate threat to public specific investigation or prosecuurity or as part of an investigation related to terrorist offences or serious transnational crime.
Amendment 509 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 518 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 544 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
A Member State may transfer PNR data and the results of the processing of PNR data to a third country, only on a case-by- case basis, after having consulted the national data protection authority, and if:
Amendment 573 #
Proposal for a directive
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(ba) the Union has concluded an international agreement with that third country or is party, together with that third country, to an international convention which provides for safeguards relating to the fundamental rights of passengers, which are compatible with the requirements of this Directive,
Amendment 574 #
Proposal for a directive
Article 8 – paragraph 1 – point b b (new)
Article 8 – paragraph 1 – point b b (new)
(bb) the third country guarantees that it will use the data only where it is necessary for the purposes of this Directive specified in Article 1(2),
Amendment 575 #
Proposal for a directive
Article 8 – paragraph 1 – point b c (new)
Article 8 – paragraph 1 – point b c (new)
(bc) the third country allows Union citizens the same rights of access, rectification, erasure and compensation with regard to the PNR data as apply in the Union, and
Amendment 614 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that the PNR data provided by the air carriers to the Passenger Information Unit are retained in a database at the Passenger Information Unit for a period of 307 days after their transfer to the Passenger Information Unit of the first Member State on whose territory the international flight is landing or departing.
Amendment 625 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Upon expiry of the period of 307 days after the transfer of the PNR data to the Passenger Information Unit referred to in paragraph 1, the data shall be retained at the Passenger Information Unit for a further period of fivetwo years. During this period, all data elements which could serve to identify the passenger to whom PNR data relate shall be masked out. Such anonymised PNR data shall be accessible only to a limited number of personnel of the Passenger Information Unit specifically authorised to carry out analysis of PNR data and develop assessment criteria according to Article 4(2)(d)anonymised. Access to the full PNR data shall be permitted only by the Head of the Passenger Information Unit for the purposes of Article 4(2)(c) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a serious, specific, and actualimmediate threat or risk or a specific investigation or prosecution.
Amendment 639 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – introductory part
Article 9 – paragraph 2 – subparagraph 2 – introductory part
For the purposes of this Directive, the data elements which could serve to identify the passenger to whom PNR data relate and which should be filtered and masked outout and anonymised are:
Amendment 645 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – indent 2
Article 9 – paragraph 2 – subparagraph 2 – indent 2
– Address and contact information, including the email address, the credit card number and the billing address, frequent flyer cards, and the IP address from which access was effected;
Amendment 666 #
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The result of matching referred to in Article 4(2)(a) and (b) shall be kept by the Passenger Information Unit only as long as strictly necessary to inform the competent authorities without delay of a positive match. Where the result of an automated matching operation has, further to individual review by non- automated means, proven to be negative, it shall, however, be stored so as to avoid future ‘false’ positive matches for a maximum period of threone years unless the underlying data have not yet been deleted in accordance with paragraph 3 at the expiry of the fivewo years, in which case the log shall be kept until the underlying data are deleted.
Amendment 678 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure, in conformity with their national law, that dissuasive, effective and proportionate penalties, including financial penalties, are provided for against air carriers which, do not transmit the data required under this Directive, to the extent that they are already collected by the them, or do not do so in the required format or otherwise infringe the national provisions adopted pursuant to this Directive. The penalties laid down in Article 4 of Directive 2004/82/EC of 29 April 2004 shall apply for the purposes of this Directive.
Amendment 695 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Any processing of PNR data revealing a person’s race or ethnic origin social origin, genetic features, language, religiousn or philosophicersonal beliefs, political or any other opinions, trade union membership,membership of a national minority, property, birth, disabilities, sexual preferences, or trade union membership, or of data concerning that person’s health or sexual life, shall be prohibited. In the event that PNR data revealing such information are received by the Passenger Information Unit they shall be deleted immediately.
Amendment 701 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. All processing of PNR data by air carriers, all transfers of PNR data by Passenger Information Units and all requests by competent authorities or Passenger Information Units of other Member States and third countries, even if refused, shall be logged or documented by the Passenger Information Unit and the competent authorities for the purposes of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security of data processing, in particular by the national data protection supervisory authorities. These logs shall be kept for a period of five years unless the underlying data have not yet been deleted in accordance with Article 9(3) at the expiry of those fivewo years, in which case the logs shall be kept until the underlying data are deleted.
Amendment 708 #
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Member States shall ensure that air carriers, their agents or other ticket sellers for the carriage of passengers on air service inform passengers of international flights at the time of booking a flight and at the time of purchase of a ticket in a clear and precise manner about the provision of PNR data to the Passenger Information Unit, the purposes of their processing, the period of data retention, their possible use to prevent, detect, investigate or prosecute terrorist offences and serious transnational crime, the possibility of exchanging and sharing such data and their data protection rights, in particular the right to complain to a national data protection supervisory authority of their choice. The same information shall be made available by the Member States to the public.
Amendment 739 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Each Member State shall provide that the national supervisory authority established in implementation of Article 28 of Directive 46/95/EC and Article 25 of Framework Decision 2008/977/JHA shall also be responsible for advising on and monitoring the application within its territory of the provisions adopted by the Member States pursuant to the present Directive. The further provisions of Article 25 of Framework Decision 2008/977/JHA shall be applicable.
Amendment 758 #
Proposal for a directive
Article 14 – title
Article 14 – title
Amendment 759 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission shall be assisted by a committee (‘the Committee’). That CommitteeIn accordance with Article 290 TFEU, power shall be delegated to the Commission, which, within three months from the entry into force of this Directive, shall be a ccommittee within the meaning of Regulation […/2011/EU] of 16 February 2011rdingly adopt the risk criteria referred to in Article 4 of this Directive and the common protocols and supported data formats applicable to all transfers of PNR data by air carriers to Passenger Information Units.
Amendment 760 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 778 #
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 785 #
Proposal for a directive
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) undertake a review of the operation of this Directive and submit a report to the European Parliament and the Council within fourtwo years after the date mentioned in Article 15(1). Such a review shall cover all the elements of this Directive, with special attention to the compliance with the standard of protection of personal data, the length of the data retention period and the quality of the assessments. It shall also contain the statistical information gathered pursuant to Article 18.
Amendment 786 #
Proposal for a directive
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) undertake a review of the operation of this Directive and submit a report to the European Parliament and the Council within fourtwo years after the date mentioned in Article 15(1). Such a review shall cover all the elements of this Directive, with special attention to the effectiveness and necessity of PNR data transfer for the purposes of preventing and prosecuting terrorist offences or serious transnational crime and to the compliance with the standard of protection of personal data, the length of the data retention period and the quality of the assessments. It shall also contain the statistical information gathered pursuant to Article 18.
Amendment 792 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall prepare a set of statistical information on PNR data provided to the Passenger Information Units. Such statistics shall as a minimum cover the total number of persons whose PNR data have been collected and transferred, the number of identifications of any persons who may be involved in a terrorist offence or serious transnational crime according to Article 4(2) and, the number of subsequent law enforcement actions that were taken involving the use of PNR data, the number of convictions secured with the aid of PNR data, and the total number of ‘false positives’, per air carrier and destination.
Amendment 810 #
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20a Sunset clause This Directive shall expire in December 2020. In the light of the review referred to in Article 17 the European Parliament and the Council may extend the period of validity of this Directive.
Amendment 814 #
Proposal for a directive
Annex 1 – point 8
Annex 1 – point 8
Amendment 822 #
Proposal for a directive
Annex 1 – point 12
Annex 1 – point 12