BETA

Activities of Timothy KIRKHOPE related to 2013/2188(INI)

Plenary speeches (2)

US NSA surveillance programme, surveillance bodies in various Member States and impact on EU citizens' fundamental rights (debate)
2016/11/22
Dossiers: 2013/2188(INI)
US NSA surveillance programme, surveillance bodies in various Member States and impact on EU citizens' fundamental rights (debate)
2016/11/22
Dossiers: 2013/2188(INI)

Amendments (58)

Amendment 24 #
Motion for a resolution
Recital C
C. whereas in September 2001 the world entered a new phase which resulted in the fight against terrorism being listed among the top priorities of most governments; whereas the revelations based on leaked documents from Edward Snowden, former NSA contractor, put democratically electedput political leaders under an obligation to address the challenges of the increasing capabilities of intelligence agencies in surveillance activities and their implications for the rule of law in a democratic society;
2014/01/24
Committee: LIBE
Amendment 25 #
Motion for a resolution
Recital D – introductory part
D. whereas the revelallegations since June 2013 have caused numerous concerns within the EU as to:
2014/01/24
Committee: LIBE
Amendment 29 #
Motion for a resolution
Recital D – point 4
· the degree of cooperation and involvement of certain EU Member States with US surveillance programmes or equivalent programmes at national level as unveilalleged by the media;
2014/01/24
Committee: LIBE
Amendment 33 #
Motion for a resolution
Recital D – point 8
· the increasingly blurred boundaries between law enforcement and intelligence activities, leading to every citizen being treated as a suspect;deleted
2014/01/24
Committee: LIBE
Amendment 40 #
Motion for a resolution
Recital E
E. whereas the unprecedented magnitude of the espionagealleged actions revealed requires full investigation by the US authorities, the European Institutions and Members States’ governments and national parliaments;
2014/01/24
Committee: LIBE
Amendment 48 #
Motion for a resolution
Recital G
G. whereas it is the duty of the European InstitutCommissions to ensure that EU law is fully implemented for the benefit of European citizens and that the legal force of EU Treaties is not undermined by a dismissive acceptance of extraterritorial effects of third countries’ standards or actions;
2014/01/24
Committee: LIBE
Amendment 59 #
Motion for a resolution
Recital N
N. wWhereas according to Article 67(3) TFEU the EU ‘shall endeavour to ensure a high level of security’; whereas the provisions of the Treaty (in particular the Treaty on European Union states that "competences not conferred upon the Union in the Treaties remain with the Member States" (Article 4(21) TEU, Article 72 TFEU and Article 73 TFEU) imply that the EU disposes of certain competences on matters relating to the collective security of the Union; whereas the EU has exercised competence in matters of internal security by deciding on a number of legislative instruments and concluding international agreements (PNR, TFTP) aimed at fighting serious crime and terrorism and by setting up an internal security strategy and agencies working in this field) and that the EU "shall respect essential State functions, including ensuring the territorial integrity of the State, maintaining law and order and safeguarding national security" as well stating that "national security remains the sole responsibility of each Member State" (Article 4(2) TEU);
2014/01/24
Committee: LIBE
Amendment 62 #
Motion for a resolution
Recital N a (new)
Na. Whereas the Treaty on the Functioning of the European Union (Article 72 TFEU) state that "it shall be open to Member States to organise between themselves and under their responsibility such forms of cooperation and coordination as they deem appropriate between the competent departments of their administrations responsible for safeguarding national security." (Article 73 TFEU);
2014/01/24
Committee: LIBE
Amendment 63 #
Motion for a resolution
Recital N b (new)
Nb. Whereas Article 276 TFEU states "in exercising its powers regarding the provisions of Chapters 4 and 5 of Title V of Part Three relating to the area of freedom, security and justice, the Court of Justice of the European Union shall have no jurisdiction to review the validity or proportionality of operations carried out by the police or other law-enforcement services of a Member State or the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security";
2014/01/24
Committee: LIBE
Amendment 64 #
Motion for a resolution
Recital O
O. whereas the concepts of ‘national security’, ’internal security’, ‘internal security of the EU’ and ’international security’ overlap; whereas the Vienna Convention on the Law of Treaties, the principle of sincere cooperation among EU Member States and the human rights law principle of interpreting any exemptions narrowly point towards a restrictive interpretation of the notion of ‘national security’ and require that Member States refrain from encroaching upon EU competences;deleted
2014/01/24
Committee: LIBE
Amendment 65 #
Motion for a resolution
Recital O a (new)
Oa. Whereas the European Union has competences in the area of law enforcement cooperation between Member States and international partners in relation to cross border issues, whereas this area has developed through the creation of TFTP and PNR agreements;
2014/01/24
Committee: LIBE
Amendment 66 #
Motion for a resolution
Recital O b (new)
Ob. Whereas the European Treaties place the European Commission as the "Guardian of the Treaties", and therefore, it is the legal role of the European Commission to investigate any breaches of EU law;
2014/01/24
Committee: LIBE
Amendment 68 #
Motion for a resolution
Recital P
P. whereas, under the ECHR, Member States’ agencies and even private parties acting in the field of national security under certain circumstances also have to respect the rights enshrined therein, be they of their own citizens or of citizens of other States; whereas this also goes for cooperation with other States’ authorities in the field of national security;
2014/01/24
Committee: LIBE
Amendment 72 #
Motion for a resolution
Recital R
R. whereas the transfer of personal data by EU institutions, bodies, offices or agencies or by the Member States to the US for law enforcement purposes in the absence of adequate safeguards and protections for the respect of fundamental rights of EU citizens, in particular the rights to privacy and the protection of personal data, would make that EU institution, body, office or agency or that Member State liable, under Article 340 TFEU or the established case law of the CJEU27 , for breach of EU law – which includes any violation of the fundamental rights enshrined in the EU Charter; __________________ 27 See notably Joined Cases C-6/90 and C- 9/90, Francovich and others v. Italy, judgment of 28 May 1991.deleted
2014/01/24
Committee: LIBE
Amendment 76 #
Motion for a resolution
Recital S
S. whereas the US data protection legal framework does notshould ensure an adequate level of protection for EU citizens;
2014/01/24
Committee: LIBE
Amendment 85 #
Motion for a resolution
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;
2014/01/24
Committee: LIBE
Amendment 86 #
Motion for a resolution
Recital AK
AK. whereas the European Parliament asked the Commission to suspend the Agreement and requested that all relevant information and documents be made available immediately for Parliament’s deliberations;deleted
2014/01/24
Committee: LIBE
Amendment 90 #
Motion for a resolution
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;
2014/01/24
Committee: LIBE
Amendment 93 #
Motion for a resolution
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;
2014/01/24
Committee: LIBE
Amendment 94 #
Motion for a resolution
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;
2014/01/24
Committee: LIBE
Amendment 95 #
Motion for a resolution
Recital AS
AS. whereas this agreement should provide for clear and precise legally binding data- processing principles and should in particular recognise EU citizens' right to judicial access, rectification and erasure of their personal data in the US, as well as the right to an efficient administrative and judicial redress mechanism for EU citizens in the US and independent oversight of the data- processing activities;
2014/01/24
Committee: LIBE
Amendment 121 #
Motion for a resolution
Paragraph 1
1. Considers that recent revelations in the press by whistleblowers and journalists, together with the expert evidence given during this inquiry, have resulted in compelling evidence of the existence of far-reaching, complex and highly technologically advanced systems designed by US and some Member States’ intelligence services to collect, store and analyse communication and location data and metadata of all citizens around the world on an unprecedented scale and in an indiscriminate and non-suspicion- based manner;deleted
2014/01/24
Committee: LIBE
Amendment 125 #
Motion for a resolution
Paragraph 2
2. Points specifically to US NSA intelligence programmes allowing for the mass surveillance of EU citizens through direct access to the central servers of leading US internet companies (PRISM programme), the analysis of content and metadata (Xkeyscore programme), the circumvention of online encryption (BULLRUN), access to computer and telephone networks and access to location data, as well as to systems of the UK intelligence agency GCHQ such as its upstream surveillance activity (Tempora programme) and decryption programme (Edgehill); believes that the existence of programmes of a similar nature, even if on a more limited scale, is likely in other EU countries such as France (DGSE), Germany (BND) and Sweden (FRA);deleted
2014/01/24
Committee: LIBE
Amendment 129 #
Motion for a resolution
Paragraph 3
3. Notes the allegations of ‘hacking’ or tapping into the Belgacom systems by the UK intelligence agency GCHQ; reiterates the indication by Belgacom that it could not confirm that EU institutions were targeted or affected, and that the malware used was extremely complex and required the use of extensive financial and staffing resources for its development and use that would not be available to private entities or hackers;deleted
2014/01/24
Committee: LIBE
Amendment 133 #
Motion for a resolution
Paragraph 4
4. States that trust has been profoundly shaken: trust between the two transatlantic partners, trust among EU Member States, trust between citizens and their governments, trust in the respect of the rule of law, and trust in the security of IT services; believes that in order to rebuild trust in all these dimensions a comprehensive plan is urgently needed;deleted
2014/01/24
Committee: LIBE
Amendment 137 #
Motion for a resolution
Paragraph 5
5. Notes that several governments claim that these mass surveillance programmes are necessary to combat terrorism; wholeheartedly supports the fight against terrorism, but strongly believes that it can never in itself be a justification for untargeted, secret and sometimes even illegal mass surveillance programmes; expresses concerns, therefore, regarding the legality, necessity and proportionality of these programmes;deleted
2014/01/24
Committee: LIBE
Amendment 142 #
Motion for a resolution
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;
2014/01/24
Committee: LIBE
Amendment 144 #
Motion for a resolution
Paragraph 6
6. Considers it very doubtful that data collection of such magnitude is only guided by the fight against terrorism, as it involves the collection of all possible data of all citizens; points therefore to the possible existence of other power motives such as political and economic espionage;deleted
2014/01/24
Committee: LIBE
Amendment 151 #
Motion for a resolution
Paragraph 7
7. Questions the compatibility of some Member States’ massive economic espionage activities with the EU internal market and competition law as enshrined in Title I and Title VII of the Treaty on the Functioning of the European Union; reaffirms the principle of sincere cooperation as enshrined in Article 4 paragraph 3 of the Treaty on European Union and the principle that the Member States shall ‘refrain from any measures which could jeopardise the attainment of the Union’s objectives’;deleted
2014/01/24
Committee: LIBE
Amendment 157 #
Motion for a resolution
Paragraph 10
10. Sees the surveillance programmes as yet another step towards the establishment of a fully fledged preventive state, changing the established paradigm of criminal law in democratic societies, promoting instead a mix of law enforcement and intelligence activities with blurred legal safeguards, often not in line with democratic checks and balances and fundamental rights, especially the presumption of innocence; recalls in that regard the decision of the German Federal Constitutional Court37 on the prohibition of the use of preventive dragnets (‘präventive Rasterfahndung’) unless there is proof of a concrete danger to other high-ranking legally protected rights, whereby a general threat situation or international tensions do not suffice to justify such measures; __________________ 37 No 1 BvR 518/02 of 4 April 2006.deleted
2014/01/24
Committee: LIBE
Amendment 165 #
Motion for a resolution
Paragraph 12
12. Points out that the abovementioned concerns are exacerbated by rapid technological and societal developments; considers that, since internet and mobile devices are everywhere in modern daily life ('ubiquitous computing') and the business model of most internet companies is based on the processing of personal data of all kinds that puts at risk the integrity of the person, the scale of this problem is unprecedented;
2014/01/24
Committee: LIBE
Amendment 168 #
Motion for a resolution
Paragraph 14
14. Strongly rejects the notion that these issues are purely a matter of national security and therefore the sole competence of Member States; recalls a recent ruling of the Court of Justice according to which ‘although it is for Member States to take the appropriate measures to ensure their internal and external security, the mere fact that a decision concerns State security cannot result in European Union law being inapplicable’38 ; recalls further that the protection of the privacy of all EU citizens is at stake, as are the security and reliability of all EU communication networks; believes therefore that discussion and action at EU level is not only legitimate, but also a matter of EU autonomy and sovereignty; __________________ 38 No 1 BvR 518/02 of 4 April 2006.deleted
2014/01/24
Committee: LIBE
Amendment 178 #
Motion for a resolution
Paragraph 16
16. Commends the institutions and experts who have contributed to this inquiry; deplores the fact that several Member States’ authorities have declined to cooperate with the inquiry the European Parliament has been conducting on behalf of citizens; welcomes the openness of several Members of Congress and of national parliaments;deleted
2014/01/24
Committee: LIBE
Amendment 199 #
Motion for a resolution
Paragraph 20
20. Calls on certain EU Member States, including the UK, Germany, France, Sweden and the Netherlands, to revise where necessary their national legislation and practices governing the activities of intelligence services so as to ensure that they are in line with the standards of the European Convention on Human Rights and comply with their fundamental rights obligations as regards data protection, privacy and presumption of innocence; in particular, given the extensive media reports referring to mass surveillance in the UK, would emphasise that the current legal framework which is made up of a ‘complex interaction’ between three separate pieces of legislation – the Human Rights Act 1998, the Intelligence Services Act 1994 and the Regulation of Investigatory Powers Act 2000 – should be revised;deleted
2014/01/24
Committee: LIBE
Amendment 246 #
Motion for a resolution
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;
2014/01/24
Committee: LIBE
Amendment 247 #
Motion for a resolution
Paragraph 45
45. Reiterates its resolution of 23 October 2013 and asks the Commission for the suspension of the TFTP Agreement;deleted
2014/01/24
Committee: LIBE
Amendment 295 #
Motion for a resolution
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 the agreement fully respects fundamental rights recognised by the EU Charter, and that the protection of the privacy of individuals in relation to the processing and dissemin that the European Parliament should place a clear distinction between the TTIP negotiations and the allegations of personal data must continue to be governed by Article XIV of the GATSNSA mass surveillance programmes;
2014/01/24
Committee: LIBE
Amendment 310 #
Motion for a resolution
Paragraph 62
62. Calls for the setting up of a high-level group to strengthen cooperation in the field of 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 EU;deleted
2014/01/24
Committee: LIBE
Amendment 316 #
Motion for a resolution
Paragraph 63
63. Calls on this high-level group to define minimum European standards or guidelines on the (ex ante and ex post) oversight of intelligence services on the basis of existing best practices and recommendations by international bodies (UN, Council of Europe);deleted
2014/01/24
Committee: LIBE
Amendment 318 #
Motion for a resolution
Paragraph 64
64. Calls on the high-level group to set strict limits on the duration of any surveillance ordered unless its continuation is duly justified by the authorising/oversight authority;deleted
2014/01/24
Committee: LIBE
Amendment 327 #
Motion for a resolution
Paragraph 69
69. Urges the Commission to present, by September 2014, a proposal for a legal basis for the activities of the EU Intelligence Analysis Centre (IntCen), as well as a proper oversight mechanism adapted to its activities, including regular reporting to the European Parliament;deleted
2014/01/24
Committee: LIBE
Amendment 341 #
Motion for a resolution
Paragraph 74
74. Expresses deep concern about the developing threats to the freedom of the press and the chilling effect on journalists of intimidation by state authorities, in particular as regards the protection of confidentiality of journalistic sources; reiterates the calls expressed in its resolution of 21 May 2013 on ‘the EU Charter: standard settings for media freedom across the EU’;deleted
2014/01/24
Committee: LIBE
Amendment 346 #
Motion for a resolution
Paragraph 75
75. Considers that the detention of Mr Miranda and the seizure of the material in his possession under Schedule 7 of the Terrorism Act 2000 (and also the request to The Guardian to destroy or hand over the material) constitutes an interference with the right of freedom of expression as recognised by Article 10 of the ECHR and Article 11 of the EU Charter;deleted
2014/01/24
Committee: LIBE
Amendment 347 #
Motion for a resolution
Paragraph 75
75. Considers that the detention of Mr Miranda and the seizure of the material in his possession under Schedule 7 of the Terrorism Act 2000 (and also the request to The Guardian to destroy or hand over the material) constitutes an interference with the right of freedom of expression as recognised by Article 10 of the ECHR and Article 11 of the EU Charter;deleted
2014/01/24
Committee: LIBE
Amendment 351 #
Motion for a resolution
Paragraph 76
76. Calls on the Commission to put forward a proposal for a comprehensive framework for the protection of whistleblowers in the EU, with particular attention to the specificities of whistleblowing in the field of intelligence, for which provisions relating to whistleblowing in the financial field may prove insufficient, and including strong guarantees of immunity;deleted
2014/01/24
Committee: LIBE
Amendment 352 #
Motion for a resolution
Paragraph 76
76. Calls on the Commission to put forward a proposal for a comprehensive framework for the protection of whistleblowers in the EU, with particular attention to the specificities of whistleblowing in the field of intelligence, for which provisions relating to whistleblowing in the financial field may prove insufficient, and including strong guarantees of immunity;deleted
2014/01/24
Committee: LIBE
Amendment 391 #
Motion for a resolution
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;
2014/01/24
Committee: LIBE
Amendment 439 #
Motion for a resolution
Paragraph 97 – indent 2
– citizens, who realise that not only third countries or multinational companies, but also their own government, may be spying on them;deleted
2014/01/24
Committee: LIBE
Amendment 460 #
Motion for a resolution
Paragraph 108
108. Is aware that some EU Member States are pursuing bilateral communication with the US authorities on spying allegations, and that some of them have concluded (United Kingdom) or envisage concluding (Germany, France) so-called ‘anti-spying’ arrangements; underlines that these Member States need to observe fully the interests of the EU as a whole;deleted
2014/01/24
Committee: LIBE
Amendment 487 #
Motion for a resolution
Paragraph 114 – point 3
Action 3: Suspend Safe Harbour until a full review has been conducted and current loopholes are remedied, making sure that transfers of personal data for commercial purposes from the Union to the US can only take place in compliance with highest EU standards;deleted
2014/01/24
Committee: LIBE
Amendment 492 #
Motion for a resolution
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 addressed;deleted
2014/01/24
Committee: LIBE
Amendment 499 #
Motion for a resolution
Paragraph 114 – point 5
Action 5: Protect the rule of law and the fundamental rights of EU citizens, with a particular focus on threats to the freedom of the press and professional confidentiality (including lawyer-client relations) as well as enhanced protection for whistleblowers;deleted
2014/01/24
Committee: LIBE
Amendment 501 #
Motion for a resolution
Paragraph 114 – point 5
Action 5: Protect the rule of law and, the fundamental rights of EU citizens, with a particular focus on threats to the freedom of the press and professional confidentiality (including lawyer-client relations) as well as enhanced protection for whistleblowers;
2014/01/24
Committee: LIBE
Amendment 502 #
Motion for a resolution
Paragraph 114 – point 6
Action 6: Develop a European strategy for IT independence (at national and EU level);deleted
2014/01/24
Committee: LIBE
Amendment 507 #
Motion for a resolution
Paragraph 114 – point 7
Action 7: Develop the EU as a reference player for a democratic and neutral governance of the internet;deleted
2014/01/24
Committee: LIBE
Amendment 513 #
Motion for a resolution
Paragraph 115 – point 1
April-July 2014: a monitoring group based on the LIBE inquiry team responsible for monitoring any new revelations in the media concerning the inquiry’s mandate and scrutinising the implementation of this resolution;deleted
2014/01/24
Committee: LIBE
Amendment 516 #
Motion for a resolution
Paragraph 115 – point 2
July 2014 onwards: a standing oversight mechanism for data transfers and judicial remedies within the competent committee;deleted
2014/01/24
Committee: LIBE
Amendment 518 #
Motion for a resolution
Paragraph 115 – point 4
Autumn 2014: a commitment that the European Digital Habeas Corpus and related recommendations will serve as key criteria for the approval of the next Commission;deleted
2014/01/24
Committee: LIBE