5 Amendments of Michał BONI related to 2018/2645(RSP)
Amendment 4 #
Recital C
C. whereas transfers of personal data between commercial organisations of the EU and the U.S. are an important element for the transatlantic relationships, whereas Privacy Shield is a key mechanism enabling these transfers under strong rules and obligations, whereas these transfers should be carried out in full respect of the right to the protection of personal data and the right to privacy; whereas one of the fundamental objectives of the EU is the protection of fundamental rights, as enshrined in the Charter;
Amendment 12 #
Recital J
J. whereas the Report from the Commission to the European Parliament and the Council on the first annual review on the functioning of the EU-U.S. Privacy Shield and the Commission Staff Working Paper accompanying the document, while acknowledging that the U.S. authorities have put in place the necessary structures and procedures to ensure the correct functioning of the Privacy Shield, and that overall the Privacy Shield continues to ensure an adequate level of protection for the transfer of personal data from the EU to the U.S. participating companies, have made ten recommendations to the U.S. authorities in order to address issues of concern regarding not only the tasks and activities of the U.S. Department of Commerce (DoC) and Federal Trade Commission (FTC) as authorities involved in the process of monitoring the certification of Privacy Shield organisations and enforcement of the Principles, but also those issues related to national security, such as the re- authorisation of Section 702 of Foreign Intelligence Surveillance Act (FISA), or the appointment of a permanent Ombudsperson and lacking members of the Privacy Civil Liberties Oversight Board (PCLOB);
Amendment 39 #
Paragraph 9 a (new)
9 a. Welcomes the efforts made by the U.S. authorities to reduce opportunities for false claims through requiring first- time certifiers to wait until the review process is completed before making public representation about their Privacy Shield certification, notes that misleading practices can lead to weakening of the credibility of the system as a whole;
Amendment 43 #
Paragraph 10
10. In view of the recent revelations of misuse of personal data by companies certified under the Privacy Shield such as Facebook and Cambridge Analytica, calls on the US authorities competent to enforce the Privacy Shield to act upon such revelations without delay in full respect with the assurances and commitments given to uphold the current Privacy Shield arrangement and if needed, to remove such companies from the Privacy Shield list; calls also on the competent EU data protection authorities to investigate such revelations and, if appropriate, suspend or prohibit data transfers under the Privacy Shield; notes that more scrutiny is needed to access whether certified companies fully comply with the rules under the Privacy Shield;
Amendment 69 #
Paragraph 18
18. Expresses its strong concerns regarding the recent adoption of the Clarifying Lawful Overseas Use of Data Act or CLOUD Act (H.R. 4943), which expands the abilities of American and foreign law enforcement to target and access people’s data across international borders without making use of the instrument of Mutual legal Assistance (MLAT) instruments, which provide for appropriate safeguards and respect the judicial competences of the countries where the information is located; highlights that the CLOUD Act could have serious implications for the EU as it is far-reaching and creates a potential conflict with the EU data protection laws;