BETA

72 Amendments of Martin EHRENHAUSER related to 2011/0023(COD)

Amendment 54 #
Proposal for a directive
Recital 5
(5) PNR data are necessarymay be a useful means to effectively prevent, detect, investigate and prosecute terrorist offences and serious crimcertain types of serious crime of a transnational nature and thus enhance internal security.
2012/04/03
Committee: LIBE
Amendment 59 #
Proposal for a directive
Recital 6
(6) PNR data can help law enforcement authorities prevent, detect, investigate and prosecute serious transnational crimes, including acts of terrorism, by comparing them with various databases of persons and objects sought, to constructfind the necessary evidence and, where relevant, to find associates of criminals and unravel criminal networks.
2012/04/03
Committee: LIBE
Amendment 65 #
Proposal for a directive
Recital 7
(7) PNR data enable law enforcement authorities to identify persons who were previously ‘unknown’, i.e. persons previously unsuspected of involvement in serious crime and terrorism, but whom an analysis of the data suggests may be involved in such crime and who should therefore be subject to further examination by the competent authorities. By using PNR data law enforcement authorities can address the threat of serious crime and terrorism from a different perspective than through the processing of other categories of personal data. However, in order to ensure that the processing of data of innocent and unsuspected persons remains as limited as possible, the aspects of the use of PNR data relating to the creation and application of assessment criteria should be further limited to serious crimes that are also transnational in nature, i.e. are intrinsically linked to travelling and hence the type of the data being processed.deleted
2012/04/03
Committee: LIBE
Amendment 76 #
Proposal for a directive
Recital 10
(10) To prevent, detect, investigate and prosecute terrorist offences and serious crime, it is therefore essential thattransnational crime, all Member States may introduce provisions laying down obligations on air carriers operating international flights to or from the territory of the Member States of the European Union.
2012/04/03
Committee: LIBE
Amendment 83 #
Proposal for a directive
Recital 11
(11) Air carriers already collect and process PNR data from their passengers for their own commercial purposes. This Directive should not impose any obligation on air carriers to collect or retain any additional data from passengers or to impose any obligation on passengers to provide any data in addition to that already being provided to air carriers. Where air carriers do not routinely capture data in the normal course of business for commercial purposes, they should not be required to develop processes to collect such data.
2012/04/03
Committee: LIBE
Amendment 84 #
Proposal for a directive
Recital 11 a (new)
(11a) Member States should bear the costs of processing and forwarding PNR data.
2012/04/03
Committee: LIBE
Amendment 89 #
Proposal for a directive
Recital 12
(12) The definition of terrorist offences should be taken from Articles 1 to 4 of Council Framework Decision 2002/475/JHA on combating terrorism. The definition of serious transnational crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedure between Member States. However,and the United Nations Convention against Transnational Organized Crime. Member States mayshould exclude those minor offences for which, taking into account their respective criminal justice system, the processing of PNR data pursuant to this directive would not be in line with the principle of proportionality. The definition of serious transnational crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA and the United Nations Convention on Transnational Organised Crime.
2012/04/03
Committee: LIBE
Amendment 103 #
Proposal for a directive
Recital 14
(14) The contents of any lists of required PNR data to be obtained by the Passenger Information Unit listed in the Annex to this Directive should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent, detect, investigate and prosecute terrorist offences or serious transnational crime, thereby improving internal security within the Union as well as protecting the fundamental rights of citizepersons, notably privacy and the protection of personal data. Such lists shoulddata shall not contain any personal data that could reveal racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or data concerning health or sexual life of the individual concerned. The PNR data should contain details on the passenger's reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security.
2012/04/03
Committee: LIBE
Amendment 109 #
Proposal for a directive
Recital 15
(15) There are two possible methods of data transfer currently available: the 'pull' method, under which the competent authorities of the Member State requiring the data can reach into (access) the air carrier's reservation system and extract ('pull') a copy of the required data, and the 'push' method, under which air carriers transfer ('push') the required PNR data to the authority requesting them, thus allowing air carriers to retain control of what data is provided. The 'push' method is considered to offers a higher degree of data protection and should become mandatory for all air carriers, no later than two years after the entry into force of this Directive, for all air carriers which already collect and process PNR data for commercial purposes and operate international flights to or from the territory of the Member States. Should PNR data be handled by Computerised Reservation Service (CRS) operators, Regulation (EC) No 80/2009 of the European Parliament and of the Council of 14 January 2009 on a Code of Conduct for computerised reservation systems1 applies. _____________ 1 OJ L 35, 4.2.2009, p. 47.
2012/04/03
Committee: LIBE
Amendment 126 #
Proposal for a directive
Recital 20
(20) Member States should share with other Member States the PNR data that they receive where such transfer is necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious crime. The provisions of this Directive should be without prejudice to other Union instruments on the exchange of information between police and judicial authorities, including Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) and Council Framework Decision 2006/960/JHA of 18 September 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Uniontransnational crime as defined in this Directive. Such exchange of PNR data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation.
2012/04/03
Committee: LIBE
Amendment 134 #
Proposal for a directive
Recital 21
(21) The period during which PNR data are to be retained should be proportionate to the purposes of the prevention, detection, investigation and prosecution of terrorist offences and serious transnational crime. Because of the nature of the data and their uses, it is necessary that the PNR data are retained for a sufficiently long period for carrying out analysis and for use in investigations. In order to avoid disproportionate use, it is necessary that, after an initial period, the data are fully anonymised and only accessible under very strict and limited conditions.
2012/04/03
Committee: LIBE
Amendment 141 #
Proposal for a directive
Recital 23
(23) The processing of PNR data domestically in each Member State by the Passenger Information Unit and by competent authorities should be subject to a standard of protection of personal data under their national law which is in line with Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters ('Framework Decision 2008/977/JHA’)') and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data1. _____________ 1 OJ L 281, 23.11.1995, p. 31.
2012/04/03
Committee: LIBE
Amendment 145 #
Proposal for a directive
Recital 24
(24) Taking into consideration the right to the protection of personal data, the rights of the data subjects to processing of their PNR data, such as the right of access, the right of rectification, erasure and blocking, as well as the rights to compensation and judicial remedies, should be in line with Framework Decision 2008/977/JHA and Directive 95/46/EC.
2012/04/03
Committee: LIBE
Amendment 148 #
Proposal for a directive
Recital 25 a (new)
(25a) Member States should ensure that the costs arising from measures taken to use PNR data are not passed on to passengers.
2012/04/03
Committee: LIBE
Amendment 152 #
Proposal for a directive
Recital 26
(26) Transfers of PNR data by Member States to third countries should be permitted only on a case-by-case basis and in compliance with Framework Decision 2008/977/JHA. To ensure the protection of personal data, such transfers should be subject to additional requirements relating to the purpose of the transfer, the quality of the receiving authority and the safeguards applicable to the personal data transferred to the third country and Union data protection legislation.
2012/04/03
Committee: LIBE
Amendment 153 #
Proposal for a directive
Recital 26 a (new)
(26a) The transmission of PNR data should be limited to cases where it is indispensable for the prevention and detection of specific terrorist offences and, where third countries are involved, only if in compliance with Union data protection legislation.
2012/04/03
Committee: LIBE
Amendment 162 #
Proposal for a directive
Recital 28
(28) This Directive does not affect the possibility for Member States to provide, under their domestic law, for a system of collection and handling of PNR data for purposes other than those specified in this Directive, or from transportation providers other than those specified in the Directive, regarding internal flights subject to compliance with relevant data protection provisions, provided that such domestic law respects the Union acquis. The issue of the collection of PNR data on internal flights should be the subject of specific reflection at a future date.deleted
2012/04/03
Committee: LIBE
Amendment 180 #
Proposal for a directive
Recital 32
(32) In particular, the scope of the Directive is as limited as possible, it allows retention of PNR data for period of time not exceeding 5 year30 days, after which the data must be deleted, the data must be anonymised after a vpery short periodiod of seven days, the collection and use of sensitive data is prohibited. In order to ensure efficiency and a high level of data protection, Member States are required to ensure that an independent national supervisory authority is responsible for advising and monitoring how PNR data are processed. All processing of PNR data must be logged or documented for the purpose of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security of the data processing. Member States must also ensure that passengers are clearly and precisely informed about the collection of PNR data and their rights.
2012/04/03
Committee: LIBE
Amendment 195 #
Proposal for a directive
Article 1 – paragraph 2 – point a
(a) The prevention, detection, investigation and prosecution of terrorist offences and serious crimecertain types of serious transnational crime as defined in Article 2(i) and according to Article 4(2)(b) and (c); and.
2012/04/03
Committee: LIBE
Amendment 198 #
Proposal for a directive
Article 1 – paragraph 2 – point b
(b) The prevention, detection, investigation and prosecution of terrorist offences and serious transnational crime according to Article 4(2)(a) and (d).deleted
2012/04/03
Committee: LIBE
Amendment 200 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
2a. The PNR data collected in accordance with this Directive shall not be processed for offences which are punishable by a custodial sentence or a detention order for a maximum period of less than three years under the national law of a Member State.
2012/04/03
Committee: LIBE
Amendment 201 #
Proposal for a directive
Article 1 – paragraph 2 b (new)
2b. This Directive does not apply to flights within Europe or to means of transport other than airplanes.
2012/04/03
Committee: LIBE
Amendment 213 #
Proposal for a directive
Article 2 – paragraph 1 – point f
(f) 'push method' means the method whereby air carriers transfer the requirir collected PNR data listed in the Annex into the database of the authority requesting them;
2012/03/28
Committee: LIBE
Amendment 217 #
Proposal for a directive
Article 2 – paragraph 1 – point h
(h) ‘serious crime’ means the offences under national law referred to in Article 2(2) of Council Framework Decision 2002/584/JHA if they are punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of a Member State, however, Member States may exclude those minor offences for which, taking into account their respective criminal justice system, the processing of PNR data pursuant to this directive would not be in line with the principle of proportionality;deleted
2012/03/28
Committee: LIBE
Amendment 226 #
Proposal for a directive
Article 2 – paragraph 1 – point i – introductory part
(i) 'serious transnational crime' means the offences under national law referred to in Article 2(2) of Council Framework Decision 2002/584/JHA if they are which have a significant transnational element and are punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of a Member State, and if:
2012/03/28
Committee: LIBE
Amendment 229 #
Proposal for a directive
Article 2 – paragraph 1 – point i a (new)
(ia) 'anonymisation' in the sense of the Directive can be defined as the irreversible manipulation of personal data, as defined in Directive 1995/46/EC, whether by the data controller or by any other person such that the data may not be associated with one or a small group of data subjects, taking account of all the means reasonably likely to be used either by the controller or by any other person to identify that person; in particular by reference to an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.
2012/03/28
Committee: LIBE
Amendment 234 #
Proposal for a directive
Article 3 – paragraph 1
1. Each Member State shall set up or designate an authority competent for the prevention, detection, investigation or prosecution of terrorist offences and serious transnational crime or a branch of such an authority to act as its 'Passenger Information Unit' responsible for collecting PNR data from the air carriers, storing them, analysing them and transmitting the result of the analysis to the competent authorities referred to in Article 5. Its staff members may be seconded from competent public authorities.
2012/03/28
Committee: LIBE
Amendment 244 #
Proposal for a directive
Article 3 a (new)
Article 3a 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 Union legislation on personal data protection.
2012/03/28
Committee: LIBE
Amendment 249 #
Proposal for a directive
Article 4 – paragraph 1
1. The PNR data transferred by the air carriers, pursuant to Article 6, in relation to international flights which land on or depart from the territory of each Member State shall be collected by the Passenger Information Unit of the relevant Member State. Air carriers shall refrain from transmitting sensitive data. Should the PNR data transferred by air carriers include data beyond those listed in the Annex, the Passenger Information Unit shall delete such data immediately upon receipt.
2012/03/28
Committee: LIBE
Amendment 252 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
1a. The Member States shall bear the costs of collecting, processing and forwarding PNR data.
2012/03/28
Committee: LIBE
Amendment 256 #
Proposal for a directive
Article 4 – paragraph 2 – point a
(a) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or serious transnational crime and who require further examination by the competent authorities referred to in Article 5. In carrying out such an assessment, the Passenger Information Unit may process PNR data against pre-determined criteria. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated means in order to verify whether the competent authority referred to in Article 5 needs to take action;deleted
2012/03/28
Committee: LIBE
Amendment 265 #
Proposal for a directive
Article 4 – paragraph 2 – point b
(b) carrying out an assessment of the passengersfurther assessment – which may be carried out prior to their scheduled arrival or departure from the Member State in order to identify any persons who may beby the competent authorities referred to in Article 5 – of passengers in respect of whom there are compelling grounds for suspicion of involvedment in a terrorist offence or serious crime and who require further examination by the competent authorities referred to in Article 5transnational crime. In carrying out such an assessment the Passenger Information Unit may compare PNR data against relevant databases, including international or national databases or national mirrors of Union databases, where they are established on the basis of Union law, on persons or objects sought or under alert, in accordance with Union, international and national rules applicable to such files. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated means in order to verify whether the competent authority referred to in Article 5 needs to take action;
2012/03/28
Committee: LIBE
Amendment 268 #
Proposal for a directive
Article 4 – paragraph 2 – point c
(c) responding, on a case-by-case basis, to duly reasoned requests from competent authorities to provide PNR data and process PNR data in specific cases for the purpose of prevention, detection, investigation and prosecution of a terrorist offence or serious transnational crime, and to provide the competent authorities with the results of such processing; and
2012/03/28
Committee: LIBE
Amendment 272 #
Proposal for a directive
Article 4 – paragraph 2 – point d
(d) analysing PNR data for the purpose of updating or creating new criteria for carrying out assessments in order to identify any persons who may be involved in a terrorist offence or serious transnational crime pursuant to point (a).deleted
2012/03/28
Committee: LIBE
Amendment 279 #
Proposal for a directive
Article 4 – paragraph 3 a (new)
3a. The transmission of PNR data shall be authorised only by order of a court of a Member State following an application by the Passenger Information Unit. Only where the Passenger Information Unit identifies danger in delay ('periculum in mora') may it authorise such processing itself.
2012/03/28
Committee: LIBE
Amendment 289 #
Proposal for a directive
Article 5 – paragraph 1
1. Each Member State shall adopt a list of the competent authorities entitled to request or receive PNR data or the result of the processing of PNR data from the Passenger Information Units in order to examine that information further or take appropriate action for the purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious transnational crime.
2012/03/28
Committee: LIBE
Amendment 292 #
Proposal for a directive
Article 5 – paragraph 2
2. Competent authorities shall consist of authorities competent for the prevention, detection, investigation or prosecution of terrorist offences and serious transnational crime.
2012/03/28
Committee: LIBE
Amendment 296 #
Proposal for a directive
Article 5 – paragraph 4
4. The PNR data of passengers and the result of the processing of PNR data received by the Passenger Information Unit may be further processed by the competent authorities of the Member States only for the purpose of preventing, detecting, investigating or prosecuting terrorist offences or serious transnational crime.
2012/03/28
Committee: LIBE
Amendment 306 #
Proposal for a directive
Article 6 – paragraph 1
1. Member States shall adopt the necessary measures to ensure that air carriers which already collect PNR data from their passengers transfer ('push') the PNR data as defined in Article 2(c) and specified in the Annex, to the extent that such data are already collected by them in the normal course of their business, to the database of the national Passenger Information Unit of the Member State on the territory of which the international flight will land or from the territory of which the flight will depart. Where the flight is code-shared between one or more air carriers, the obligation to transfer the PNR data of all passengers on the flight shall be on the air carrier that operates the flight. Where the flight has one or more stop-overs at the airports of the Member States, air carriers shall transfer the PNR data exclusively to the Passenger Information Units of all the Member States concerned of final arrival.
2012/03/28
Committee: LIBE
Amendment 309 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
1 a. Member States shall not require air carriers to collect any PNR data that they do not already collect. Air carriers shall not transfer any PNR data other than those defined in Article 2(c) and specified in the Annex. Air carriers shall take every reasonable precaution to ensure that the data collected from passengers are accurate and correct; where this is found not to be the case, the air carrier may be held liable.
2012/03/28
Committee: LIBE
Amendment 313 #
Proposal for a directive
Article 6 – paragraph 2 – introductory part
2. Air carriers shall transfer PNR data by electronic means using the common protocols and supported data formats to be adopted in accordance with the procedure of Articles 13 and 14 or, in the event of technical failure of the air carriers, by any other appropriate means ensuring an appropriate level of data security:
2012/03/28
Committee: LIBE
Amendment 321 #
Proposal for a directive
Article 6 – paragraph 3
3. Member States mayshall permit air carriers to limit the transfer referred to in point (b) of paragraph 2 to updates of the transfer referred to in point (a) of paragraph 2.
2012/03/28
Committee: LIBE
Amendment 326 #
Proposal for a directive
Article 6 – paragraph 4
4. On a case-by-case basis, upon request from a Passenger Information Unit in accordance with national law, air carriers shall transfer PNR data where access earlier than that mentioned in point (a) of paragraph 2 is necessary to assist in responding to a specific and actual threat related to terrorist offences or serious transnational crime.
2012/03/28
Committee: LIBE
Amendment 332 #
Proposal for a directive
Article 7 – paragraph 1
1. Member States shall ensure that, with regard to persons identified by a Passenger Information Unit in accordance with Article 4(2)(a) and (b), the result of the processing of PNR data is transmitted by that Passenger Information Unit to the Passenger Information Units of other Member States where the former Passenger Information Unit considers such transfer to be necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious crimetransnational crime. Such transfers shall be strictly limited to the data necessary in specific cases for the prevention, investigation or prosecution of a terrorist offence or serious transnational crime and shall be justified in writing. The Passenger Information Units of the receiving Member States shall transmit such PNR data or the result of the processing of PNR data to their relevant competent authorities.
2012/03/28
Committee: LIBE
Amendment 338 #
Proposal for a directive
Article 7 – paragraph 2
2. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter's database in accordance with Article 9(1), and, if necessary, also the result of the processing of PNR data. The request for such data shall be strictly limited to the data necessary in the specific case. It may be based on any one or a combination of data elements, as deemed necessary by the requesting Passenger Information Unit for a specific case of prevention, detection, investigation or prosecution of terrorist offences or serious crimetransnational crime and shall be justified in writing. Passenger Information Units shall provide the requested data as soon as practicable and shall provide also the result of the processing of PNR data, if it has already been prepared pursuant to Article 4(2)(a) and (b).
2012/03/28
Committee: LIBE
Amendment 344 #
Proposal for a directive
Article 7 – paragraph 3
3. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter's database in accordance with Article 9(2), and, if necessary, also the result of the processing of PNR data. The Passenger Information Unit may request access to specific PNR data kept by the Passenger Information Unit of another Member State in their full form without the masking out only in exceptional circumstances in response to a specific threat or a specific investigation or prosecution related to terrorist offences or serious crimetransnational crime. Such a request shall be justified in writing.
2012/03/28
Committee: LIBE
Amendment 352 #
Proposal for a directive
Article 7 – paragraph 4
4. Only in those cases where it is necessary for the prevention of an immediate and serious threat to public security may the competent authorities of a Member State request directly the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter's database in accordance with Article 9(1) and (2). Such requests shall relate to a specific investigation or prosecution of terrorist offences or serious transnational crime and shall be reasoned. Passenger Information Units shall respond to such requests as a matter of priority. In all other cases the competent authorities shall channel their requests through the Passenger Information Unit of their own Member State.
2012/03/28
Committee: LIBE
Amendment 357 #
Proposal for a directive
Article 7 – paragraph 5
5. Exceptionally, where early access is necessary to respond to a specific and actual threat related to terrorist offences or serious transnational crime, the Passenger Information Unit of a Member State shall have the right to request the Passenger Information Unit of another Member State to provide it with PNR data of flights landing in or departing from the latter's territory at any time. Such requests shall be strictly limited to the data necessary in the specific case for the prevention, detection, investigation or prosecution of a terrorist offence or serious transnational crime and shall be justified in writing.
2012/03/28
Committee: LIBE
Amendment 360 #
Proposal for a directive
Article 7 – paragraph 6
6. Exchange of information under this Article may take place using any existing channels for European and international law enforcement cooperation, in particular Europol and national units under Article 8 of Council Decision 2009/371/JHA of 6 April 2009. The language used for the request and the exchange of information shall be the one applicable to the channel used. Member States shall, when making their notifications in accordance with Article 3(3), also inform the Commission with details of the contacts to which requests may be sent in cases of urgency. The Commission shall communicate to the Member States the notifications received.
2012/03/28
Committee: LIBE
Amendment 364 #
Proposal for a directive
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 only when expressly authorized by a binding international agreement between the Union and that third country, and if:
2012/03/28
Committee: LIBE
Amendment 372 #
Proposal for a directive
Article 8 – paragraph 1 – point c
(c) the third country agrees to transfer the data to another third countryguarantees that it will use the data only where it is necessary for the purposes of this Directive specified in Article 1(2) and only with the express authorisation of the Member Stadelete the data just as soon as it is no longer strictly necessary to retain it. Transfer by the third country to another third country shall be prohibited.
2012/03/28
Committee: LIBE
Amendment 376 #
Proposal for a directive
Article 8 – paragraph 1 – point c a (new)
(ca) the third country allows Union citizens, without excessive delay or expense, the same level of protection of personal data and the same rights of access, rectification, erasure and compensation with regard to the PNR data as apply in the Union,
2012/03/28
Committee: LIBE
Amendment 384 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
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 five 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.deleted
2012/03/28
Committee: LIBE
Amendment 399 #
Proposal for a directive
Article 9 – paragraph 4
4. The result 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. 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 have not yet been deleted in accordance with paragraph 3the data shall be corrected or deleted from the database at the latest at the expirynd of the five years, in which case the log shall be kept until the underlying data are deletethree-month retention period.
2012/03/28
Committee: LIBE
Amendment 411 #
Proposal for a directive
Article 11 – paragraph 2 a (new)
2a. Where provisions adopted under national law in implementation of Directive 95/46/EC provide the passenger with more rights to access, rectification, erasure and blocking of the data, to compensation, judicial redress, confidentiality of processing and data security than the provisions referred to in paragraphs 1 and 2, those provisions shall apply.
2012/03/28
Committee: LIBE
Amendment 417 #
Proposal for a directive
Article 11 – paragraph 4 a (new)
4a. State of the art technology shall be used for the protection of all data, taking into account the latest developments in expert discussions on data protection and constantly updated to include new knowledge and insights. In particular, a state of the art encryption process shall be used which: - ensures that data-processing systems cannot be used by unauthorised persons; - ensures that authorised users of a data- processing system can access no data other than those to which their access right refers, and that personal data cannot be read, copied, altered or removed without authorisation when being processed or used; - ensures that personal data cannot be read, copied or altered without authorisation when being electronically transmitted or during transport or saving to a storage medium, and ensures that it is possible to check and establish to which locations personal data is to be transferred by data transmission facilities. The possibility of retrospectively checking and establishing whether and by whom personal data have accessed shall be guaranteed. It shall be guaranteed that personal data processed under contract can be processed only in accordance with the contracting entity's instructions.
2012/03/28
Committee: LIBE
Amendment 420 #
Proposal for a directive
Article 11 – paragraph 5
5. Member States shall ensure that air carriers, their agents or other ticket sellers for the carriage of passengers, at the time of booking a flight and at the time of purchase onf air service inform ticket, passengers of international flights at the time of booking a flight and at the time of purchase of a ticketre informed in a clear and precise manner about the provision of PNR data to the Passenger Information Units, the purposes of their processing, the period of data retention, their possible use to prevent, detect, investigate or prosecute terrorist offences and transnational serious crime, the possibility of exchanging and sharing such data and their data protection rights, in particularsuch as the right to access, correct, erase and block data and the right to complain to a national data protection supervisory authority of their choice. The same information shall be made available by the Member States to the public.
2012/03/28
Committee: LIBE
Amendment 427 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
The Commission shall submit a report on the financial impact of this Directive to the European Parliament and the Council. The report shall focus in particular on the costs incurred by passengers, air carriers and ticket sellers. If appropriate, the report shall be accompanied by a legislative proposal aimed at harmonising the division of the financial burden between public authorities and air carriers across the Union.
2012/03/28
Committee: LIBE
Amendment 438 #
Proposal for a directive
Article 16
Transitional provisions Upon the date referred to in Article 15(1), i.e. two years after the entry into force of this Directive, Member States shall ensure that the PNR data of at least 30% of all flights referred to in Article 6(1) are collected. Until two years after the date referred to in Article 15, Member States shall ensure that the PNR data from at least 60 % of all flights referred to in Article 6(1) are collected. Member States shall ensure that from four years after the date referred to in Article 15, the PNR data from all flights referred to in Article 6(1) are collected.deleted
2012/03/28
Committee: LIBE
Amendment 442 #
Proposal for a directive
Article 17 – paragraph 1 – point a
(a) review the feasibility and necessity of including internal flights in the scope of this Directive, in the light of the experience gained by those Member States that collect PNR data with regard to internal flights. The Commission shall submit a report to the European Parliament and the Council within two years after the date mentioned in Article 15(1);deleted
2012/03/28
Committee: LIBE
Amendment 455 #
Proposal for a directive
Article 18 – paragraph 1
1. Member States shall prepare a set of statistical information on PNR data provided to the Passenger Information Units. Such statistics shall as a minimum cover the number of identifications of any persons who may be involved in a terrorist offence or serious transnational crime according to Article 4(2) and, the number of subsequent law enforcement actions that were taken involving the use of PNR data per air carrier and destination, the number of persons identified for further scrutiny and the number of persons later found to have been unjustifiably flagged as suspect.
2012/03/28
Committee: LIBE
Amendment 458 #
Proposal for a directive
Annex 1 – point 5
(5) Address and contact information (telephone number, e-mail address)deleted
2012/03/28
Committee: LIBE
Amendment 460 #
Proposal for a directive
Annex 1 – point 6
(6) All forms of payment information, including billing addressdeleted
2012/03/28
Committee: LIBE
Amendment 463 #
Proposal for a directive
Annex 1 – point 8
(8) Frequent flyer informationdeleted
2012/03/28
Committee: LIBE
Amendment 466 #
Proposal for a directive
Annex 1 – point 9
(9) Travel agency/travel agentdeleted
2012/03/28
Committee: LIBE
Amendment 468 #
Proposal for a directive
Annex 1 – point 11
(11) Split/divided PNR informationdeleted
2012/03/28
Committee: LIBE
Amendment 472 #
Proposal for a directive
Annex 1 – point 12
(12) General remarks (including all available information on unaccompanied minors under 18 years, such as name and gender of the minor, age, language(s) spoken, name and contact details of guardian on departure and relationship to the minor, name and contact details of guardian on arrival and relationship to the minor, departure and arrival agent)deleted
2012/03/28
Committee: LIBE
Amendment 476 #
Proposal for a directive
Annex 1 – point 13
(13) Ticketing field information, including ticket number, date of ticket issuance and one-way tickets, Automated Ticket Fare Quote fieldsdeleted
2012/03/28
Committee: LIBE
Amendment 479 #
Proposal for a directive
Annex 1 – point 14
(14) Seat number and other seat informationdeleted
2012/03/28
Committee: LIBE
Amendment 483 #
Proposal for a directive
Annex 1 – point 16
(16) All baggage informationdeleted
2012/03/28
Committee: LIBE
Amendment 485 #
Proposal for a directive
Annex 1 – point 17
(17) Number and other names of travellers on PNRdeleted
2012/03/28
Committee: LIBE
Amendment 488 #
Proposal for a directive
Annex 1 – point 19
(19) All historical changes to the PNR listed in numbers 1 to 18deleted
2012/03/28
Committee: LIBE