Activities of Timothy KIRKHOPE related to 2015/2233(INI)
Shadow opinions (1)
OPINION on recommendations to the European Commission on the negotiations for the Trade in Services Agreement (TiSA)
Amendments (9)
Amendment 2 #
Draft opinion
Recital A
Recital A
A. whereas the Union is bound by the Charter of Fundamental Rights of the European Union (the Charter), including Article 8 thereof on the right to the protection of personal data, and by Article 16 of the Treaty on the Functioning of the European Union (TFEU) on the same fundamental right, as a key pillar of EU primary law which must be fully respected by all international agreements; acknowledges that the legal traditions and systems of the United States and the European Union are different, and therefore should pursue agreements based on adequacy and equivalence of the differing systems, rather than a replication of European standards;
Amendment 5 #
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas TISA is intended to create an open and fair level playing field for companies operating overseas; allowing the opening up of markets in order to provide economic growth and jobs for the EU, whereas high data protection standards in the transfer of personal data are important in to ensure trust and further investment in sectors such as digital and telecommunications;
Amendment 11 #
Draft opinion
Recital E
Recital E
E. whereas ongoing negotiations on international trade agreements, including the Trade in Services Agreement (TiSA), also touch upon international data flows while excluding privacy and data protection entirely, which will be discussed in parallel;
Amendment 16 #
Draft opinion
Recital F
Recital F
F. whereas the draft US text on e- commerce for the TiSA would undermine EU rules and safit is important that the EU and the US reach a compromise reguards foring the transfer of personal data to third countries which fully respects the privacy and protection of personal data; whereas Parliament reserves the right to express its opinion after consulting any future text proposals and drafts of the TiSA agreement;
Amendment 23 #
Draft opinion
Paragraph 1 – point a
Paragraph 1 – point a
Amendment 31 #
Draft opinion
Paragraph 1 – point b
Paragraph 1 – point b
(b) to incorporate, as a key priority, a comprehensive and unambiguous horizontal self-standing provision, based on Article XIV of the General Agreement on Trade in Services (GATS), that fully exempts the existing and future EU legal framework for the protecin the core text of TiSA, an exemption, notwithstanding any other part of the agreement, allowing for the protection of the privacy of individuals in relation to the processing and dissemination of personal data fromand the agreement, without any condition that it must be consistent with other parts of the TiSAprotection of confidentiality of individual records and accounts, and to ensure that the agreement does not preclude the enforcement of exceptions for the supply of services which are justifiable under the relevant World Trade Organisation rules (Articles XIV and XIVbisa of the GATS);
Amendment 34 #
Draft opinion
Paragraph 1 – point c
Paragraph 1 – point c
(c) to ensure that personal data can be transferred outside the Union only if the provisions on third-country transfers in EU data protection laws are complied with; to negotiate on provisions which touch upon the flow of personal data only if the full application of EU data protection rules is guaranteed and respectedso long as equivalent EU data protection standards are provided for under an international agreement or mechanism;
Amendment 41 #
Draft opinion
Paragraph 1 – point d
Paragraph 1 – point d
Amendment 45 #
Draft opinion
Paragraph 1 – point e
Paragraph 1 – point e
(e) to keep in mind that EU rules on the transfer of personal data may prohibit the processing of such data in third countries if they do not meet the EU adequacy standard; to insist that any requirements for the localisation of data processing equipment and establishments be in line with EU rules on data transfers; to cooperate with third countries in the appropriate settings with a view to adopting adequate high data protection standards around the world;