Activities of Hubert PIRKER related to 2013/2188(INI)
Plenary speeches (4)
US NSA surveillance programme, surveillance bodies in various Member States and impact on EU citizens' fundamental rights (debate)
US NSA surveillance programme, surveillance bodies in various Member States and impact on EU citizens' fundamental rights (debate)
US NSA surveillance programme, surveillance bodies in various Member States and impact on EU citizens' fundamental rights (debate)
US NSA surveillance programme, surveillance bodies in various Member States and impact on EU citizens' fundamental rights (debate)
Amendments (39)
Amendment 72 #
Motion for a resolution
Recital R
Recital R
Amendment 77 #
Motion for a resolution
Recital U a (new)
Recital U a (new)
Ua. whereas in its working document 4 on US Surveillance activities with respect to EU data and its possible legal implications on transatlantic agreements and cooperation of 12 December 2013 the Rapporteurs expressed doubts and concerns as to the adequacy of the Safe Harbour and called on the Commission to end the adequacy of Safe Harbour and to find new legal solutions;
Amendment 85 #
Motion for a resolution
Recital AJ a (new)
Recital AJ a (new)
AJa. whereas terrorist finance tracking is an essential tool in the fight against terrorism financing and serious crime, allowing counter terrorism investigators to discover links between targets of investigation and other potential suspects connected with wider terrorist networks suspected of financing terrorism;
Amendment 90 #
Motion for a resolution
Recital AM
Recital AM
AM. whereas during the LIBE delegation to Washington of 28-31 October 2013 the delegation met with the US Department of the Treasury; whereas the US Treasury officially stated that since the entry into force of the TFTP Agreethe US government (the NSA is in that sense considered part of the government it) hads not had access to data from SWIFT in the EU except within the framework of the TFTP; whereas the US Treasury refused to comment on whether SWIFT data would have been accessed outside TFTP by any obeen collecting and processing SWIFT data in any other way than as recognised in the agreement, whereas the US Department of the Treasury also gave assurances in relation to access to SWIFT formatted messages in accordance with other legal tools in place; whereas ther US government body or departDepartment of the Treasury did not comment or n whether the US administrationor not it was aware of NSA mass surveillance activities; whereas on 18 Dec24 September 2013 Mr Glenn GreenwEuropol and SWIFT officialds stated before the LIBE Committee inquiry that the NSA and GCHQ had targeted SWIFT networksre were no indications for a breach of the TFTP Agreement by the NSA;
Amendment 93 #
Motion for a resolution
Recital AP
Recital AP
AP. whereas the Joint Review fails to mention the fact that iArticle 13 of the agreement between the United States of America and the European Union on the cause of proceassieng of personal data for intelligence purposes, under US law, non- US citizens do not enjoy any judicial or administrative avenue to protect their rights, and constitutional protections are only granted to US persons; whereas this lack of judicial or administrative rights nullifies the protections for EU citizens laid down in the existing PNR agreementer name records to the United States Department of Homeland Security allows any individual regardless of nationality, country or origin, or place of residence, whose personal data and personal information has been processed and used in a manner inconsistent with the PNR Agreement, to seek effective administrative and judicial redress in accordance with US law;
Amendment 94 #
Motion for a resolution
Recital AR
Recital AR
AR. whereas the purpose of this general agreement is to establish the legal framework for all transfers of personal data between the EU and US for the sole purposes of preventing, investigating, detecting or prosecuting criminal offences, including terrorism, in the framework of police and judicial cooperation in criminal matters; whereas negotiations were authorised by the Council on 2 December 2010; whereas this agreement is of utmost importance and it would act as the basis to facilitate data transfer in the context of police and judicial cooperation and in criminal matters;
Amendment 142 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls EU's firm belief in the need to strike the right balance between security measures and the protection of civil liberties and fundamental rights, while ensuring the utmost respect for privacy and data protection;
Amendment 157 #
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 219 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the US to revise its legislation without delay in order to bring it into line with international law, to recognise the privacy and other rights of EU citizens, to provide for judicial redress for EU citizens, to put rights of EU citizens on an equal footing with rights of US citizens and to sign the Additional Protocol allowing for complaints by individuals under the ICCPR;
Amendment 246 #
Motion for a resolution
Paragraph 44
Paragraph 44
44. Takes the view that the information provided by the European Commission and the US Treasury does not clarify whether US intelligence agencies have access to SWIFT financial messages in the EU by intercepting SWIFT networks or banks’ operating systems or communication networks, alone or in cooperation with EU national intelligence agencies and without having recourse to existing bilateral channels for mutual legal assistance and judicial cooperationclarify that there were no elements showing that the US Government has acted in a manner contrary to the provisions of the Agreement, and that the US has provided written assurance that no direct data collection has taken place contrary to the provisions of the TFTP Agreement;
Amendment 264 #
Motion for a resolution
Paragraph 48
Paragraph 48
48. Asks for an immediate resumption of the negotiations with the US on the ‘'Umbrella Agreement’', which should provide for clearput rights for EU citizens on an equal footing with rights for EUS citizens and, moreover the agreement should provide effective and enforceable administrative and judicial remedies for all EU citizens in the US without any discrimination;
Amendment 277 #
Motion for a resolution
Paragraph 54
Paragraph 54
54. Reiterates its serious concerns about the compulsory direct disclosure of EU personal data of EU citizens and information processed under cloud agreements to third-country authorities by cloud providers subject to third-country laws or using storage servers located in third countries, and about direct remote access to personal data and information processed by third-country law enforcement authorities and intelligence services; suggests the creation of a reliable EU cloud, or if necessary a "Schengen cloud", as an useful tool in strengthening EU based IT systems against external threats; relaying on binding legal provisions ensuring that cloud data must be processed within in EU territory and without leaving EU borders;
Amendment 297 #
Motion for a resolution
Paragraph 59
Paragraph 59
59. Strongly emphasises, given the importance of the digital economy in the relationship and in the cause of rebuilding EU-US trust, that the European Parliament will only consent to the final TTIP agreement provided theand distinguishes clearly the TTIP negotiations from revelations on the US NSA mass surveillance programme; however the TTIP agreement shall fully respects fundamental rights recognised by the EU Charter, and that the protection of the privacy of individuals in relation to the processing and dissemination of personal data must continue to be governed by Article XIV of the GATS;
Amendment 298 #
Motion for a resolution
Paragraph 59 a (new)
Paragraph 59 a (new)
59a. European Counter Intelligence policy (New heading for additional paragraphs)
Amendment 299 #
Motion for a resolution
Paragraph 59 b (new)
Paragraph 59 b (new)
59b. Urges Member States to immediately launch a process of setting up permanent structures to better cooperate in the field of counter intelligence at European level on, at first, a multilateral basis taking the conception of Europol in its first years as a blueprint;
Amendment 300 #
Motion for a resolution
Paragraph 59 c (new)
Paragraph 59 c (new)
59c. This European Counter Intelligence Service should be set up in order to protect the European citizens, EU institutions, national governments and parliaments, major European companies, European IT infrastructures and networks as well as European universities, science and research from spying. Therefore, calls on those Member States to provide for an active involvement of EU stakeholders in industries, businesses and science within this structure in order to assure an information and knowledge exchange between the European Counter Intelligence Service, Member State's counter intelligence services and European economical key players.
Amendment 301 #
Motion for a resolution
Paragraph 59 d (new)
Paragraph 59 d (new)
59d. Strongly demands this concept of a European Counter Intelligence Service to be added into the Treaties when being reformed the next time in order to assure a European oversight mechanism and involvement of the European Parliament in the decision making.
Amendment 312 #
Motion for a resolution
Paragraph 62
Paragraph 62
62. Calls for the setting up of a high-level group to strengthenUrges willing Member States for the setting up of a permanent cooperation in the field of counter intelligence at EU level, combined with a proper oversight mechanism ensuring both democratic legitimacy and adequate technical capacity; stresses that the high-level group should cooperate closely with national parliaments in order to propose further steps to be taken for increased oversight collaboration in the EUuropean level on, at first, a multilateral basis taking the conception of Europol in its first years as a blueprint. This European counter intelligence cooperation should be set up in order to protect the European citizens, economy, businesses and science from spying. This should be combined with a proper oversight mechanism ensuring democratic legitimacy;
Amendment 336 #
Motion for a resolution
Paragraph 72
Paragraph 72
72. Calls on the Europol Joint Supervisory Body, together with national data protection authorities, to conduct a joint inspectionreview before the end of 2014 in order to ascertain whether information and personal data shared with Europol has been lawfully acquired by national authorities, particularly if the information or data was initially acquired by intelligence services in the EU or a third country, and whether appropriate measures are in place to prevent the use and further dissemination of such information or data;
Amendment 339 #
Motion for a resolution
Paragraph 73
Paragraph 73
73. Calls on Europol to ask the competent authorities of the Member States, in line with its competences, to initiate investigations with regard to possible cybercrimes and cyber attacks committed by governments or private actors in the course of the activities under scrutiny; calls on the Commission review the activities of the European Cybercrime Centre and to put forward if necessary a proposal for a comprehensive framework for strengthening the competences of the European Cybercrime Centre;
Amendment 352 #
Motion for a resolution
Paragraph 76
Paragraph 76
Amendment 357 #
Motion for a resolution
Paragraph 77
Paragraph 77
77. Points out that recent incidents clearly demonstrate the acute vulnerability of the EU, and in particular the EU institutions, national governments and parliaments, major European companies, European IT infrastructures and networks as well as European universities, science and research, to sophisticated attacks using complex software; notes that these attacks require such financial and human resources that they are likely to originate from state entities acting on behalf of foreign governments or even from certain EU national governments that support them; in this context, regards the case of the hacking or tapping of the telecommunications company Belgacom as a worrying example of an attack against the EU’'s IT capacity which clearly demonstrates the urgent need of a better protection through a European Counter Intelligence Service;
Amendment 363 #
Motion for a resolution
Paragraph 78
Paragraph 78
78. Takes the view that the mass surveillance revelations that have initiated this crisis can be used as an opportunity for Europe to take the initiative and build up an autonomous IT key-resource capability for the mid termas a strategic priority-one measure and as soon as possible; calls on the Commission and the Member States to use public procurement as leverage to support such resource capability in the EU by making EU security and privacy standards a key requirement in the public procurement of IT goods and services;
Amendment 379 #
Motion for a resolution
Paragraph 83
Paragraph 83
83. Supports the EU cyber strategy but considers that it does not cover all possible threats and should be extended to cover malicious state behaviours; recalls that any necessary gain in powers and competences requires an equivalent increase in funding;
Amendment 383 #
Motion for a resolution
Paragraph 84 a (new)
Paragraph 84 a (new)
84a. Calls for the promotion of - EU search engines and EU social networks as a valuable step in the direction of EU's IT independency; - European IT-service provider; - encrypting communication in general including e-mail and sms communication; - European IT-key elements, for instance solutions for client-server-operating system, using open source standards, developing European elements for grid coupling, e.g. router;
Amendment 384 #
Motion for a resolution
Paragraph 84 b (new)
Paragraph 84 b (new)
84b. Calls on the Commission to present a proposal for a system of product certifying for hard- and software, because there is no structure in the EU for scrutinising hard- and software products regarding backdoors;
Amendment 386 #
Motion for a resolution
Paragraph 85
Paragraph 85
85. Calls on the Commission, in the framework of the next Work Programme of the Horizon 2020 Programme, to assess whetherdirect more resources should be directed towards boosting European research, development, innovation and training in the field of IT technologies, in particular privacy-enhancing technologies and infrastructures, cryptology, secure computing, open-source security solutions and the Information Society; suggests to provide European companies, especially small and medium size enterprises, with financial and / or practical assistance as regards an optimal legal protection of European knowledge and research, for example in filing patent applications or bringing action against cyber-knowledge thefts;
Amendment 391 #
Motion for a resolution
Paragraph 85
Paragraph 85
85. Calls on the Commission, to strengthen the technological European infrastructure and the European digital market and therefore in the framework of the next Work Programme of the Horizon 2020 Programme, to assess whether; more resources should be directed towards boosting European research, development, innovation and training in the field of IT technologies, in particular privacy-enhancing technologies and infrastructures, cryptology, secure computing, open-source security solutions and the Information Society in order to make email and telecommunications safer; to promote the internal market for European soft- and hardware, and to promote cryptophones and to encrypt communication infrastructures;
Amendment 393 #
Motion for a resolution
Paragraph 86
Paragraph 86
86. Asks the Commission to map out current responsibilities and to review, by June 2014 at the latest, the need for a broader mandate, better coordination and/or additional resources and technical capabilities for Europol’s CyberCrime Centre, ENISA, CERT-EU and the EDPS in order to enable them to be more effective in preventing and investigating major IT breaches in the EU and in performing (or assisting Member States and EU bodies to perform) on-site technical investigations regarding major IT breaches;
Amendment 399 #
Motion for a resolution
Paragraph 87
Paragraph 87
87. Deems it necessary for the EU to be supported by an EU IT Academy that brings together the best European experts in all related fields, tasked with providing all relevant EU Institutions and bodies with scientific advice on IT technologies, including security-related strategies; as a first step asks the Commission to set up an independent scientific expert panel;
Amendment 403 #
Motion for a resolution
Paragraph 87 a (new)
Paragraph 87 a (new)
87a. Calls on the Commission, by January 2015, to evaluate possibilities for the EU to set up an EU-University of Excellence for Information Technologies which should not accept any funding from extra EU entities and require students to pay back scholarships in case they accept jobs in third countries;
Amendment 409 #
Motion for a resolution
Paragraph 88 – point 3
Paragraph 88 – point 3
· the list of non-EUS companies under contract with the European Parliament in the IT and telecom fields, taking into account revelations about NSA contracts with a company such as RSA, whose products the European Parliament is using to supposedly protect remote access to their data by its Members and staff;
Amendment 413 #
Motion for a resolution
Paragraph 88 – point 5
Paragraph 88 – point 5
· the use of more open-source and EU- based systems and fewer off-the-shelf commercial systemsystems of companies from third countries;
Amendment 415 #
Motion for a resolution
Paragraph 88 – point 6
Paragraph 88 – point 6
· the impact ofsteps and measures to take in order to address the increased use of mobile tools (e.g. smartphones, tablets, whether professional or personal) and its effects on the IT security of the system;
Amendment 416 #
Motion for a resolution
Paragraph 88 – point 10
Paragraph 88 – point 10
· the use of cloud storage by the EP, including what kind of data is stored on the cloud, how the content and access to it is protected and where the cloud is-servers are located, clarifying the applicable data protection legal regime as well as an outlook on how it would be possible to assure that these cloud-servers are based on EU-territory only;
Amendment 422 #
Motion for a resolution
Paragraph 91
Paragraph 91
91. Takes the view that the large-scale IT systems used in the area of freedom, security and justice, such as the Schengen Information System II, the Visa Information System, Eurodac and possible future systems, should be developed and operated in such a way as to ensure that data is not compromised as a result of US requests under the Patriot Actby authorities from third countries; asks eu- LISA to report back to Parliament on the reliability of the systems in place by the end of 2014;
Amendment 429 #
Motion for a resolution
Paragraph 93 a (new)
Paragraph 93 a (new)
93a. Calls on the Commission to present a legal proposal for a EU-routing-system; a EU processing of call detail record (CDR); notes that all routing data and CDR should be processed in accordance with EU legal frameworks and without leaving the EU borders;
Amendment 468 #
Motion for a resolution
Paragraph 109 a (new)
Paragraph 109 a (new)
109a. Considers tap-proof communication structures (email and telecommunications, including landlines and cell phones) and tap-proof meeting rooms within all relevant EU institutions and EU delegations as absolutely necessary; therefore calls for the establishment of an encrypted internal EU email-system;
Amendment 495 #
Motion for a resolution
Paragraph 114 – point 4
Paragraph 114 – point 4
Action 4: Suspend the TFTP agreement until (i) the Umbrella Agreement negotiations have been concluded; (ii) a thorough investigation has been concluded on the basis of an EU analysis, and all concerns raised by Parliament in its resolution of 23 October have been properly addressedto conclude the on-going negotiations on a data protection agreement for law enforcement purposes ("umbrella agreement") soon as possible;