Activities of Saskia BRICMONT related to 2020/2048(INI)
Shadow reports (1)
REPORT on the European Parliament recommendation to the Council and the Commission concerning the conclusion of an agreement, under negotiation, between the European Union and New Zealand on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the New Zealand authorities competent for fighting serious crime and terrorism
Amendments (26)
Amendment 1 #
Motion for a resolution
Citation 2
Citation 2
— having regard to the Charter of Fundamental Rights of the European Union (the Charter), and in particular Articles 2, 6, 7, 8 and 847 thereof,
Amendment 6 #
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to Regulation 2018/1725 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC,
Amendment 10 #
Motion for a resolution
Citation 11
Citation 11
— having regard to the Christchurch Call to Action adopted by New Zealand, France, the Commission, technology companies and others to prevent the dissemination of information to terrorists and advocates of violent extremism,
Amendment 11 #
Motion for a resolution
Recital A
Recital A
A. whereas Regulation (EU) 2016/794 allows Europol toon the European Union Agency for Law Enforcement Cooperation (Europol) enables the transfer of personal data to the competent authority of a third country authority or to an international organisation insofar as the transfer is necessary for the performance of itEuropol’s tasks, on the basis of an adequacy decision of the Commission pursuant to Directive (EU) 2016/680, an international agreement pursuant to Article 218 of the TFEU adducing adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals, or cooperation agreements allowing for the exchange of personal data concluded before 1 May 2017, and, in exceptional situations, on a case-by-case basis under strict conditions laid down in Article 25(5) of Regulation (EU) 2016/794 and provided that adequate safeguards are ensured;
Amendment 12 #
Motion for a resolution
Recital B
Recital B
B. whereas international agreements allowing Europol and third countries to cooperate and exchange personal data should respect the fundamental rights and principles recognised by the Charter, in particular Articles 2, 6, 7, 8 and 8 of47, and Article 16 TFEU, and hence respect the principle of purpose limitation and the rights of access and rectification and be subject to monitoring by an independent authority, as specifically stipulated by the Charter, and bprove necessary for and proportionate tofor the fulfilment of Europol’s tasks;
Amendment 24 #
Motion for a resolution
Recital E
Recital E
E. whereas Europol has designated the threat level from Jihadi terrorists as high, and whereas in 2018, they were responsible for all deaths from terror attacks in the EUin its report ‘Terrorism situation and Trend report 2019’ Europol points that “the number of attacks and the number of victims in the EU dropped significantly with regard to terrorism of all ideological tendencies”; in 2018, “terrorism continued to constitute a major threat to security in EU Member States” and “extremists of diverging orientation increasingly consider violence as a justified means of confrontation. Terrorists not only aim to kill and maim but also to divide our societies and spread hatred”;
Amendment 31 #
Motion for a resolution
Recital F
Recital F
Amendment 38 #
Motion for a resolution
Recital H
Recital H
H. whereas in the light of the 2019 Christchurch lone gunman attackright-wing terrorism attack on two mosques, future cooperation formalised under the agreement between the EU and New Zealand could be essential for prevention and prosecution should other serious crimes be planned or perpetrated within the EU, in New Zealand, or worldwide;
Amendment 40 #
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas transfers of personal data gathered in the context of criminal investigations and further processed by Europol under the agreement are liable to have a significant impact on the lives of the individuals concerned;
Amendment 41 #
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. Stresses that the agreement fully needs to respect the fundamental rights and observe the principles recognised by the Charter, in particular the right to private and family life, recognised in Article 7 of the Charter, the right to the protection of personal data, recognised in Article 8 of the Charter and the right to effective remedy and fair trial recognised by Article 47 of the Charter;
Amendment 43 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the necessity of cooperation with New Zealand in the field of law enforcement could help the European Union to further protect its security interests, and encourages it to work expeditiously to define the negotiating mandate for an agreement between the European Union and New Zealand on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the New Zealand authorities competent for fighting serious crime and terrorism, as well as its proportionality, need to be properly assessed; calls on the Commission to conduct a thorough impact assessment so as to define the necessary safeguards to be integrated in the agreement;
Amendment 45 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Insists that the level of protection provided for in the agreement and in applicable law and practice in New Zealand should be essentially equivalent to the level of protection provided for in EU law; stresses that if such level of protection cannot be guaranteed both in law and in practice, the agreement cannot be concluded;
Amendment 50 #
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 58 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is of the opinionUnderlines that, in line with the principle of purpose limitation, the future agreement should specify its scope and the purposes for which Europol may transfer personal data to the competent authorities of New Zealand and explicitly lay down a list of criminal offences in relation to which personal data can be exchanged; considers that this list should include the activities covered by such crimes, and the persons, groups and organisations likely to be affected by such transfers; insists on the importance of having the categories of offences clearly listed and defined in the agreement;
Amendment 64 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that the transferred personal data should be related to individual cases of criminal investigations; points out that a clear definition of the concept of individual cases should be included in the agreement, as this concept is needed to assess the necessity and proportionality of data transfers;
Amendment 65 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Insists that the agreement contain a clear and precise provision setting out the retention period for personal data that have been transferred to New Zealand and requiring the data to be erased at the end of that period or earlier if the data is not necessary anymore for the individual case; requests that procedural measures be set out in the agreement to ensure compliance; requests in this regard that the agreement should specifically provide for periodic review of the need for storage of the transferred personal data as well as other appropriate measures ensuring that the time limits are observed; insists that, in exceptional cases, where there are duly justified reasons to store data for an extended period, past the end of the data retention period, these reasons and the accompanying documentation be communicated to Europol and the EDPS;
Amendment 70 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges the Council and the Commission to work with the Government of New Zealand to define, pursuant to Court of Justice case law and within the meaning of Article 8 (3) of the Charter, which independent supervisory authority is to be in charge of supervising the implementation of the international agreement; is of the opinionurges that such an authority should be agreed on and established before the international agreement can enter into force; insists that the name of this authority and the contact details be expressly included in the agreement;
Amendment 75 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers it should be possible for either of the contracting parties to suspend or revoke the international agreement should there be a breach thereof; recalls that the independent supervisory body should also have the power to decide to suspend or terminate the agreement in the event of a breach; considers that under the agreement, authorities should be allowed to continue to process any personal data falling within the scope of the agreement transferred prior to its suspension or termination; considers that a procedure for monitoring and periodically evaluating the agreement should be established in order to evaluate the partners’ compliance with the agreement;
Amendment 76 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that data transferred to a receiving authority can never be further processed by other authorities or for other purposes; requests in this regard that an exhaustive list of the competent authorities in New Zealand to which Europol may transfer personal data should be included in the agreement, including a description of their competences; considers that any modification to such a list that would replace or add a new competent authority would require a review of the agreement;
Amendment 77 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Highlights the need to expressly indicate that onward transfers of information from the competent authorities of New Zealand to other countries are prohibited and would result in the immediate termination of the international agreement;
Amendment 78 #
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 82 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Council and Commission to consult the EDPS on the provisions of the draft agreement before its finalisation and throughout the negotiations;
Amendment 84 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that the international agreement with New Zealand should enshrine the right of data subjects to information, rectification and erasure as provided for in other EU legislation on data protection; requests in this regard that the agreement includes clear and detailed rules regarding the information that should be provided to the data subjects;
Amendment 85 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses that the transfer of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic data or data concerning a person’s health and sex life is extremely sensitive; highlights that such a transfer of data should be prohibited;
Amendment 86 #
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Requires that a monitoring mechanism is included in the agreement and that the agreement is subject to periodic assessments to evaluate its compliance with European data protection standards;
Amendment 87 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. ExpectsStresses that the Parliament’s consent to the conclusion of the agreement will be conditional upon satisfactory involvement of the Parliament at all stages of the procedure in accordance with Article 218 TFEU; expects in this regard to be kept fully and proactively informed about the progress of the negotiations and expects to receive the documents at the same time as the Council so that it can carry out its scrutiny role;