10 Amendments of Silvia-Adriana ȚICĂU related to 2011/0023(COD)
Amendment 50 #
Proposal for a directive
Recital 28
Recital 28
Amendment 52 #
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28 a) The analysis of PNR data should serve exclusively for the prevention and detection of terrorist offences, the conduct of investigations and the resultant legal proceedings. The definition of terrorist offences should be more specific and should be limited to the cases referred to in Article 1 of Framework Decision 2002/475/JHA.
Amendment 53 #
Proposal for a directive
Recital 28 b (new)
Recital 28 b (new)
(28 b) The transmission of PNR data should be limited to cases where it is indispensable for the prevention and detection of specific terrorist offences, the conduct of investigations and the resultant legal proceedings, and, where third countries are involved, only if equivalent data protection guarantees are in place;
Amendment 58 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive provides for the transfer by air carriers of Passenger Name Record data of passengers of international flights to and from the Member States and between Member States, as well as the processing of that data, including its collection, use and retention by the Member States and its exchange between them.
Amendment 73 #
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘Passenger Name Record’ or 'PNR data' means a record of each passenger’s travel requirements, collected in the normal way, which contains information necessary to enable reservations to be processed and controlled by the booking and participating air carriers for each journey booked by or on behalf of any person, whether it is contained in reservation systems, Departure Control Systems (DCS) or equivalent systems providing the same functionalities;
Amendment 87 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. The storage, treatment and analysis of PNR data relating to passengers on international flights shall be carried out exclusively within the territory of the EU. The legislation applicable to these procedures shall therefore be the EU legislation on personal data protection;
Amendment 140 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
A Member State may transfer PNR data and the results of the processing of PNR data to a third country, only on a case-by- case basis and subject to the conditions of an international agreement between the EU and that third country, and if:
Amendment 147 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
(2) Upon expiry of the period of 30 days after the transfer of the PNR data to the Passenger Information Unit referred to in paragraph 1, the data shall be retained at the Passenger Information Unit for a further period of fivebetween six months and two years. During this period, all data elements which could serve to identify the passenger to whom PNR data relate shall be masked out. Such anonymised PNR data shall be accessible only to a limited number of personnel of the Passenger Information Unit specifically authorised to carry out analysis of PNR data and develop assessment criteria according to Article 4(2)(d). Access to the full PNR data shall be permitted only by the Head of the Passenger Information Unit for the purposes of Article 4(2)(c) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk or a specific investigation or prosecution.
Amendment 153 #
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The results of matching referred to in Article 4(2)(a) and (b) shall be kept by the Passenger Information Unit only as long as necessary to inform the competent authorities of a positive match, and at all events for no longer than 15 days. Where the result of an automated matching operation has, further to individual review by non- automated means, proven to be negative, it shall, however, be stored so as to avoid future ‘false’ positive matches for a maximum period of three years unless the underlying data shave not yet been deleted in accordance with paragraph 3 at the expiry of the five years, in which case the log shall be kept until the underlying data are deletedll be corrected or shall be deleted from the applicable database.
Amendment 173 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1