29 Amendments of Fredrick FEDERLEY related to 2011/0023(COD)
Amendment 72 #
Proposal for a directive
Recital 5
Recital 5
(5) PNR data are necessarymay contribute to effectively prevent, detect, investigate and prosecute terrorist offences and serious crime and thus enhance internal security.
Amendment 95 #
Proposal for a directive
Recital 8
Recital 8
(8) The processing of personal data must be necessary and proportionate to the specific security goalaim pursued by this Directive.
Amendment 136 #
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 transnational crime, thereby improving internal security within the Union as well as protecting the fundamental rights of citizens, notably privacy and the protection of personal data. Such lists should not contain any personal data that could reveal racial or ethnic origin, political opinions, by applying high standards in line with the Charter of Fundamental Rights, Convention 108, and the European Convention for Human Rights. Such lists should not contain any personal data that could reveal a person's sex, race, ethnic or social origin, genetic features, language, religious or philosophical beliefs, political opinion, trade union membership or data concerning health or sexual life of the individual concerned, membership of a national minority, health or sexual orientation. 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.
Amendment 154 #
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. Moreover, no such decision should be taken by reasonon grounds of a person’s sex, race or, ethnic origin social origin, genetic features, language, religious or philosophical belief, political opinion, trade union membership, health or sexual life. membership of a national minority, health or sexual orientation, as laid down in Article 21 of Charter of Fundamental Rights of the European Union.
Amendment 168 #
Proposal for a directive
Recital 21
Recital 21
(21) The period during which PNR data are to be retained should be necessary and 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. In order to avoid disproportionate use, it is necessary that, after an initial period, the data are anonymised the data are masked-out immediately, and only accessible under very strict and limited conditions.
Amendment 175 #
Proposal for a directive
Recital 22 b (new)
Recital 22 b (new)
(22b) Article 52(1) of the Charter provides that any limitation on the exercise of the rights and freedoms laid down by the Charter must be provided for by law, respect their essence and, subject to the principle of proportionality, limitations may be made to those rights and freedoms only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others.
Amendment 176 #
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’)the Directive of the European Parliament and of the Council of xx/xx/201x on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data, and with the high level of protection offered in the Charter of Fundamental Rights of the European Union, Convention 108, and the European Convention for Human Rights. __________________ 41 OJ L 350, 30.12.2008, p. 60.
Amendment 180 #
Proposal for a directive
Recital 24
Recital 24
(24) Taking into consideration the right to the protection of personal data, the rights of the data subjects to processing of their PNR data, such as the right of access, the right of rectification, erasure and blocking, as well as the rights to compensation and judicial remedies, should be in line with Framework Decision 2008/977/JHAthe Directive of the European Parliament and of the Council of xx/xx/201x on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data, and with the high level of protection offered in the Charter of Fundamental Rights of the European Union, Convention 108, and the European Convention for Human Rights.
Amendment 187 #
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 in compliance with Framework Decision 2008/977/JHAthe Directive of the European Parliament and of the Council of xx/xx/201x on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data. 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, and subject to the high level of protection offered in the Charter of Fundamental Rights of the European Union, Convention 108, and the European Convention for Human Rights.
Amendment 200 #
Proposal for a directive
Recital 28
Recital 28
Amendment 218 #
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 5 year30 days, after which the data must be deleted, the data must be anonymised after a very short periodmasked- out immediately, the collection and use of sensitive data is prohibited. In order to ensure efficiency and a high level of data protection, Member States are required to ensure that an independent national supervisory authority is responsible for advising and monitoring how PNR data are processed. 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 274 #
Proposal for a directive
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
Amendment 278 #
Proposal for a directive
Article 2 – paragraph 1 – point h – point i (new)
Article 2 – paragraph 1 – point h – point i (new)
i) 'sensitive data' means personal data revealing a person's sex, race, colour, ethnic or social origin, genetic features, language, religious or philosophical belief, political opinion, trade union membership of a national minority, health or sexual orientation, as laid down in Article 21 of the Charter of Fundamental Rights of the European Union, as well as other data defined as sensitive by domestic law.
Amendment 322 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Passenger Information Units shall each appoint a Data Protection Officer for monitoring the processing of PNR data and the implementation of safeguards.
Amendment 323 #
Proposal for a directive
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
3b. Member States shall ensure that dissuasive, effective and proportionate penalties, including criminal sanctions, are provided for against persons working in Passenger Information Units in the case of misuse or abuse of PNR data or other infringements of the national provisions adopted pursuant to this Directive.
Amendment 386 #
Proposal for a directive
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
Amendment 388 #
Proposal for a directive
Article 4 – paragraph 3 b (new)
Article 4 – paragraph 3 b (new)
3b. Without prejudice to Article 7(4), the PNR data shall not be transmitted by the Passenger Information Unit to any other authority in any way or format to allow for assessment of the PNR data outside the Passenger Information Unit. The PNR data cannot be requested by other authorities on the basis of an order of a competent court or judicial body.
Amendment 405 #
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4a Joint Supervisory Body Member States shall ensure that any processing of PNR data by the Passenger Information Unit will be subject to permanent oversight from a Joint Supervisory Body consisting of representatives of the European Data Protection Supervisor, Eurojust and Europol.
Amendment 407 #
Proposal for a directive
Article 4 b (new)
Article 4 b (new)
Article 4b Any processing of PNR data by the Passenger Information Unit will be subject to permanent oversight from a Joint Supervisory Body consisting of representatives of the European Data Protection Supervisor, Eurojust and Europol.
Amendment 572 #
Proposal for a directive
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(b a) the transfer is necessary and proportionate for the prevention, investigation, detection, prosecution of terrorist offences and serious transnational crime; and
Amendment 611 #
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 databasemasked- out as soon ats the Passenger Information Unit for a period of 30 days after their transfer to the Passenger Information Unitdata subject has entered the territory of the first Member State con whose territory the international flight is landing or departingcerned.
Amendment 621 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. The Commission shall ensure that the PNR data provided by the air carriers to the Passenger Information Unit are masked-out as soon as the data subject has entered or left the territory of the first Member State where the international flight is landing or departing.
Amendment 624 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Amendment 684 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Each Member State shall provide that, in respect of all processing of personal data pursuant to this Directive, every passenger shall have the same right to access, the right to rectification, erasure and blocking, the right to compensation and the right to judicial redress as those adopted under national law in implementation of Articles 17, 18, 19 and 20 of the Council Framework Decision 2008/977/JHA. The provisions of Articles 17, 18, 19 and 20 of the Council Framework Decision 2008/977/JHAthe Directive of the European Parliament and of the Council of xx/xx/201x on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data, shall therefore be applicable.
Amendment 698 #
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 originsex, race, colour, ethnic or social origin, genetic features, language, religious or philosophical belief, political opinion, trade union membership, membership of a national minority, property, disability, age, health or sexual lifeorientation shall be prohibited, as laid down in Article 21 of Charter of Fundamental Rights of the European Union. In the event that PNR data revealing such information are received by the Passenger Information Unit they shall be deleted immediately and permanently.
Amendment 788 #
Proposal for a directive
Article 17 – paragraph 1 – point b b (new)
Article 17 – paragraph 1 – point b b (new)
(bb) Member States shall ensure that the implementing legislation pursuant to this Directive provides for the presentation of a review of the necessity and proportionality three years after the entry into force or the prolongment of the implementing legislation, in case the application of this Directive will be annulled. To this effect, 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 number of identifications of any persons who may be involved in a terrorist offence or serious transnational crime according to Article 4(2), the number of false positives, the number of subsequent law enforcement actions, including arrests, convictions and declarations of innocence, that were taken involving the use of PNR data per air carrier and destination.
Amendment 809 #
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20a Sunset clause This Directive shall expire by default four years after entry into force and four years after each prolongation. The Council and European Parliament can decide, following a proposal of the Commission, to prolong the application of this Directive for another four years.
Amendment 811 #
Proposal for a directive
Article 20 b (new)
Article 20 b (new)
Article 20b Member States shall ensure that the implementing legislation pursuant to this Directive expires every four years after the entry into force, in case the application of this Directive would, regardless of the cause, be annulled. In such case, the national legislature can decide to prolong the application of the legislation that had been implemented pursuant to this Directive for another four years.
Amendment 812 #
Proposal for a directive
Article 20 c (new)
Article 20 c (new)
Article 20c This Regulation shall expire by default four years after entry into force and four years after each prolongation. The Council and European Parliament can decide, following a proposal of the Commission, to prolong the application of this Directive for another four years.