Activities of Clare DALY 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 (21)
Amendment 3 #
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 and 8 thereof,
Amendment 5 #
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to Regulation (EU) 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 8 #
Amendment 9 #
Motion for a resolution
Citation 11
Citation 11
Amendment 14 #
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 Articles 2, 6, 7 and 8 of the Charter and bethe Charter, particularly its Article 7 and 8, and authorise the transfer of personal data to an authority of a third country only insofar as such transfer is necessary for and proportionate tofor the fulfilmentperformance of Europol’'s tasks;
Amendment 22 #
Motion for a resolution
Recital E
Recital E
Amendment 29 #
Motion for a resolution
Recital F
Recital F
Amendment 35 #
Motion for a resolution
Recital G
Recital G
G. whereas the EDPS has supervised Europol since 1 May 2017, and also advises the EU institutions on policies and legislation relating to data protection, including when negotiating agreements in the law enforcement sector;
Amendment 37 #
Motion for a resolution
Recital H
Recital H
H. whereas in the light of the 2019 Christchurch lone gunman attack, future cooperation formalised under the agreementfuture cooperation between the EUEuropol and New Zealand could be essentiauseful for the prevention, investigation and prosecution should otherof serious crimes be planned or perpetrated within the EU or worldwide;
Amendment 42 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the necessity and proportionality of cooperation with New Zealand in the field of law enforcement could helpfor the European Union to further protect its security interests, and encourages it to work expeditiously to define the negotiating mandate for's security interests is questionable, and has not been fully demonstrated by a thorough impact assessment; takes note of the Council mandate to negotiate 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; calls on the Commission to conduct a detailed assessment demonstrating the need for and added value provided by such an agreement prior to proceeding with negotiations; and calls on the Commission to follow the additional recommendations set out in this resolution;
Amendment 47 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Insists that the level of data protection provided for in the agreement should be essentially equivalent to the level of protection provided for in EU law, both in law and in practice; and insists further that if such a level of protection is not guaranteed, the agreement cannot be concluded;
Amendment 49 #
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 55 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. RequeInsists that the agreement contain the necessary safeguards and controls with respect to the protection of personal data, as indicated by the EDPS in its Opinion 1/2020 and in the directives for the negotiation included in the Addendum to the Council decision authorising the opening of negotiations; in addition, calls on the Commission to respect the conditions set out in this resolution;
Amendment 61 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is of the opinion that, in line with the principle of purpose limitation, the future agreement should explicitly lay down a list of criminal offences in relation to which personal data can be exchanged; considers that this list should includedefine in a clear and precise manner the activities covered by such crimes, and the persons, groups and organisations likely to be affected by such transfers;
Amendment 63 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Insists that transferred personal data should only relate to individual cases; in that regard, is of the opinion that a clear definition of the concept of individual cases is needed; highlights that this definition should only encompass actual criminal investigations and not criminal intelligence operations targeting specific individuals considered as suspects;
Amendment 67 #
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 and requiring the data to be erased at the end of that period; requests that procedural measures be set out in the agreement to ensure compliancecommends that the agreement provides for a periodic review of the need for storage of the transferred personal data as well as other appropriate measures to ensure 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 73 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers it of the utmost importance 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 80 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that onward transfers of Europol information from competent New Zealand authorities to other authorities in New Zealand, including for use in judicial proceedings, should only be allowed for the original purposes of the transfer by Europol and, should be made subject to appropriate conditions and safeguards, including prior authorisation by Europol, and should be communicated to the independent authority and EDPS; points out that the same conditions should apply to onward transfers of Europol information from competent New Zealand authorities to third country authorities, with the additional requirement that data only be transferred to third countries to which Europol is entitled to transfer personal data on the basis of Article 25 (1) of Regulation (EU) 2016/794;
Amendment 81 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Points out that the transfer of personal data revealing racial or ethnic origin, political opinion, religious or philosophical beliefs, trade-union membership, genetic data or data concerning a person’s health and sex life is extremely sensitive and gives rise to profound concerns; highlights the fact that criminal acts are defined differently in the Union and New Zealand; is of the opinion that such a transfer of data should be prohibited, except in very exceptional cases and only if there is a precise and particularly solid justification based on grounds other than the protection of public security against terrorism, and with clear safeguards for the data subject and persons linked to the data subject;
Amendment 83 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that the international agreement with New Zealand should enshrlay down clear and detailed rules regardineg the right of data subjects to informationinformation that should be provided to the data subjects, which should include information about the applicable regime for EU data subjects to exercise their rights of access, rectification and erasure as provided for in other EU legislation on data protection;
Amendment 88 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that the European Parliament will give its consent to the conclusion of the agreement only if such an agreement does not pose risks to the rights to privacy and data protection, nor to other fundamental rights and freedoms protected by the Charter; indicates in this regard that pursuant to Article 218 Paragraph 11 TFEU the European Parliament may obtain the opinion of the Court of Justice as to whether an agreement envisaged is compatible with the Treaties;