Activities of Saskia BRICMONT related to 2022/2025(INI)
Shadow reports (1)
REPORT on a European Parliament recommendation to the Council and the Commission on the negotiations for a cooperation agreement between the European Union and the International Criminal Police Organization (ICPO-INTERPOL)
Amendments (37)
Amendment 10 #
Motion for a resolution
Recital A
Recital A
A. whereas present-day terrorism and organisedserious crimes are becoming increasingly dynamic, complex, globalised, mobile and mainly transnational phenomena, which require a robust response and more effective, coordinated EU cooperation with international law enforcement authorities and bodies such as the International Criminal Police Organization (Interpol); whereas the 2020 EU Security Union strategy calls on the Member States to step up cooperation between the EU and Interpol, as this is essential to enhancing cooperation and information exchange;
Amendment 16 #
Motion for a resolution
Recital B
Recital B
B. whereas international cooperation in full respect of fundamental rights is a main component of effective law enforcement and judicial cooperation, especially if it involves the processing and sharing of personal data; whereas bilateral agreements in full respect of fundamental rights with key partners play an important role in obtaining information and evidence from beyond the EU;
Amendment 20 #
Motion for a resolution
Recital C
Recital C
C. whereas Interpol is one of the largest inter- governmental criminal police organisations and has an important role to play all over the world; whereas the Commission, on behalf of the EU, is seeking reinforced cooperation with Interpol, including access to Interpol databases and the strengthening of operational and strategic cooperation: whereas it is paramount to ensure that measures are put in place to guarantee the integrity and correctness of data in practice;
Amendment 24 #
Motion for a resolution
Recital D
Recital D
D. whereas the EU and Interpol already have long-standing cooperatione in a range of law enforcement-related areas through the operational implementation of the EU policy cycle - EMPACT (European Multidisciplinary Platform Against Criminal Threats) and by supporting the activities of Member States in cooperation with EU agencies, such as the EU Agency for Law Enforcement Cooperation (Europol), the European Border and Coast Guard Agency (Frontex), the EU Agency for Law Enforcement Training (CEPOL), the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA), the EU Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), on the basis of agreements or working arrangements; whereas on 5 November 2001, Europol and Interpol signed an operational agreement followed by a memorandum of understanding allowing the transfer of personal data through their respective liaison officers; whereas on 27 May 2009 Frontex signed a working agreement with Interpol establishing a framework for cooperation with the objective of facilitating the prevention, detection and combating of cross-border crime and improving border security to combat illegal immigration, people smuggling and trafficking in human beings;
Amendment 29 #
Motion for a resolution
Recital E
Recital E
E. whereas Interpol’s 19 databases, which include potentially valuable information, are directly accessible by EU Member States as member countries of Interpol, while EU agencies such as Frontex, the EU Agency for Criminal Justice Cooperation (Eurojust) and the European Public Prosecutor’s Office (EPPO) currently do not have any access to these databases – either directly or on a ‘hit/no hit’ basis – due to the lack of an agreement with Interpol, which is required for this purpose under Interpol’s rules on the processing of data;
Amendment 31 #
Motion for a resolution
Recital F
Recital F
Amendment 36 #
Motion for a resolution
Recital G
Recital G
G. whereas the EU is the largest donor of funds to Interpol, which are mainly assigned to information exchange, law enforcement, including border management cooperation and capacity building activities, and projects and programmes targeting a range of terrorism and serious crime activities; whereas this gives the EU an important role to play in influencing the functioning of Interpol and improving its transparency and accountability;
Amendment 42 #
Motion for a resolution
Recital H
Recital H
H. whereas the new agreement should establish a modern and coherent framework for the EU’s agencies’ cooperation with Interpol, taking into account the latest developments in combating terrorism and cross-border, transnational, serious and organised crime; whereas the agreement should respond to current operational needs, as well as to the EU’s latest data protection regime and provide the legal basis for the exchange of operational information andfundamental rights standards, and provide the legal basis for access to relevant Interpol databases;
Amendment 45 #
Motion for a resolution
Recital I
Recital I
I. whereas interoperability has been a priority since at least, May 2019, when the framework for interoperability between EU information systems in the area of justice and home affairs was adopted; whereas an advanced and shared data infrastructure is currentlybeing put in place in the EU for police and judicial cooperation, asylum and migration, as well as borders and visa; whereas this advanced and shared data infrastructure, and the systems and EU databases that constitute it, allows for very limited and highly regulated information sharing withe Interoperability Regulation (EU) 2019/818 explicitly prevents the transfer or making available of personal data to any third countries ory, to any international organisations or to any private party;
Amendment 48 #
Motion for a resolution
Recital J
Recital J
J. whereas according to the negotiation mandate the new agreement should regulate cooperation between Europol, the EPPO, and Eurojust and Frontex and provide directprovide access by these agencies and Member States for the performance of their tasks to two of Interpol’s databases - the Stolen and Lost Travel Document (SLTD) and Travel Document Associated With Notices (TDAWN) databases via the European Search Portal (ESP), in compliance with EU data protection requirements and with fundamental rights;
Amendment 51 #
Motion for a resolution
Recital K
Recital K
K. whereas international civil society organisations continue to report abuses by some states of Interpol’s notice and diffusion system in order to persecute political opponents, national human rights defenders, lawyers, civil society activists and journalists in violation of international standards on human rights and Interpol's own rules; whereas according to reports by international actors, Interpol has significantly reportedly reformed and strengthened its red notices review processes, as well as its support systems for national central bureaus in member countries, introduced a policy to protect refugees from abusive red notices and diffusions, reformed and strengthened its red notices review processes, as well as its support systems for national central bureaus in member countries, reformed the setup and functioning of the Commission for the Control of Files, enforcing its complaints mechanism, appointed a data protection officer and implemented a learning and knowledge-sharing programme;
Amendment 58 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
Amendment 60 #
Motion for a resolution
Recital K b (new)
Recital K b (new)
Amendment 61 #
Motion for a resolution
Recital L
Recital L
L. whereas Russia still remains a member of Interpol and; whereas cooperation withbetween the European Union and Interpol members is based on trust; whereas trust between parties relies on the swift tackling of misuse of Interpol notices by countries seeking to use countries is underpinned by trust in Interpol’s systems; whereas trust in Interpol’s system of red notices and diffusions relies on the prevention of misuse of Interpol’s systems for political ends; whereas, in this context, Interpol’s systems must respectand repressive ends; whereas Interpol’s must ensure that the data processed through its systems comply with human rights and the, rule of law, and uphold its commitments onthe prohibition on the organisation to undertake any intervention or activities of a political, religious, racial or military abusecharacter;
Amendment 69 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that European values and fundamental rights must be the basis of European security policies, ensuring respect for the principles of necessity, proportionality and legality and safeguarding accountability and judicial redress, while enabling effective protection of individuals, particularly the most vulnerable; recalls, further, that these principles should be at the core of the development of digitalisation in the area of justice and security and the development of the interoperability framework for the many systems in justice and security, including borders; strongly regrets no fundamental rights assessment was performed for the envisaged agreement with Interpol;
Amendment 81 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recommends that the Commission ensure access to Interpol’s different databases on the basis of the needs and scope of competences of the different EU agencies; recalls that Interpol’s databases contain millions of records with information that could directly help to combat appalling crimes, such as child sexual exploitation, on which Interpol’s database holds more than 2.7 million images and videos and of which the database has helped identify 23 564 victims worldwideasks the Commission to clearly define those needs in the Agreement;
Amendment 89 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recommends that the Commission provide during the negotiations on controlled access to Interpol’s databases by EU Member States and EU agencies the necessary safeguards and guarantees to ensure full compliance with the EU data protection framework and fundamental rights; stresses that the agreement should at least provide the safeguards already provided by the Europol Regulation;
Amendment 94 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recommends special vigilance during the negotiations due to the sensitivity of the data concerned and to the number of third countries members of Interpol, which are not party to an equivalent agreement with the EU or whose authorities to which personal data is intended to be transferred are not covered by a Commission adequacy decision;
Amendment 105 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recommends that the Commission ensure that the level of personal data protection and the protection of individuals’ fundamental rights and freedoms currently guaranteed under EU primary and secondary law is maintained in exchanges of personal data withaccess to databases of Interpol; the Commission’s negotiation strategy should not lead to a weakening of the fundamental rights and freedoms of natural persons, and in particular of their rights to data protection and to privacy;
Amendment 111 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recommends that the Commission guarantee that theno transfer of personal data is adequate, relevant and limited to what is necessary for the purpose for which it has been transferredtakes place from EU agencies to Interpol;
Amendment 113 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recommends that the Commission guarantee that the processing of data is limited to what is necessary in individual cases for the purposes of the agreement and that any further data processing incompatible with the initial purpose is prohibited; the agreement has to clearly indicate that decisions based solely on the automated processing of personal information without meaningful human involvement are not allowed;
Amendment 121 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recommends that the Commission ensure an oversight sysno direct or indirect access is grantemd for the use by Interpol of personal data collected by consulting EU systemInterpol to EU databases;
Amendment 123 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recommends that the Commission guarantee that data is not retained for longer than is necessary for the purpose for which it was transferred; in this context the agreement has to provide rules on storage, including storage limitation, on review, correction and deletion of personal data; recommends the agreement would foresee monitoring mechanism on data retention;
Amendment 125 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recommends that the Commission ensure in the agreement that the rights to administrative and judicial redress for any person whose data are processed under this agreement and that it guarantee effective remedies are properly upheld;
Amendment 135 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recommends that particular attention should be paid to fundamental rights challenges and the necessity of adequate mitigating measures and non- discrimination mechanisms as well as enhanced data quality and protection with a view to the establishment of frameworks for interoperability between EU information systems and future interoperability with the non-EU systems and databases in the fields of police and judicial cooperation, asylum and migration, as well as integrated borders management and visas, providing a pivotal legislative framework for current and future developments in the EU’s digital infrastructure;
Amendment 144 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls that according to the EU’s current legislative framework, the transfer of data from the EU to third countries and international organisations is allowed only if the recipients of this information are able to guarantee an adequate level of personal data protection; recommends in this context that in the absence of an adequacy decision on Interpol, the agreement should not constitute thea legal basis allowing the transfer of personal data to Interpol, provided that it is legally binding and enforceable against all parties to the agreement and that it includes appropriate data protection safeguards;
Amendment 148 #
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 152 #
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 155 #
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 159 #
Motion for a resolution
Subheading 4
Subheading 4
Red notices and diffusions
Amendment 160 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses, with a view to future cooperation, that despite recent reforms, transparency and accountability remains a challenge both at the individual and the organisational level in Interpol, as does a lack of available statistical information on the operation of its notices and diffusions systems; encourages the Commission, therefore, to take actions to ensure that Interpol publish statistical information on the operation of its notices and diffusions systems; encourages the Commission, therefore, to take actions to ensure that Interpol further develops the legal frameworks and substantive tools allowing consistent and transparent processing of requests, reviews, challenges, corrections and deletions;
Amendment 164 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Calls on the Commission to address challenges regarding Interpol's processes of conducting ex-ante and ex- post reviews of notices and diffusions with the Secretary General of Interpol; calls on the Commission to provide additional support to strengthen Interpol's mechanisms for reviewing notices and diffusions; calls on the Commission to use the EU's role and influence to support improvements that will strengthen protections of notices and diffusions from misuse;
Amendment 167 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission, in the context of this agreement, to explore possible waysstablish safeguards that ensure the ESP couldan address the problem of politically- motivated red notices, which in practice would be one of tools that could prove effective against politically motivated red notice requests in some situat and diffusions;
Amendment 172 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Interpol governance Expresses strong concerns regarding the recent appointment of Ahmed Naser Al- Raisi as President of Interpol and the impact its nomination may have in terms of fundamental rights; calls on the European Commission to ensure its economic contributions are used in a way that strengthens human rights, rather than weakens them;
Amendment 177 #
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23 b. Research and Innovation Recommends that the Commission or the EU agencies do not engage in sharing research and innovation technologies with Interpol;
Amendment 183 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes the announcement by Interpol’s Secretary-General that it would implement enhanced monitoring measures to identify and prevent further abuse of Interpol’s systems by Russia; remains concerned, however, that monitoring alone will not fully mitigate the risks of Russian abuse; stresses, therefore, that given the current special circumstances Interpol should take immediate and firm measures to excludeprevent the Russian Federation from the organisation; 's access to Interpol system; strongly recommends enhanced monitoring measures would apply to notices and diffusions issued before the war in Ukraine by Russian authorities; calls on the Commission to advice Member States on specific measures to apply on notices and diffusions issues by Russian authorities before the war and in the current context;
Amendment 192 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recommends providing for the possibility of suspending or terminating the agreement in cases of breaches of its provisions on personal data by one of the parties, specifying that personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed in accordance with the terms of the agreementand fundamental rights by one of the parties;