14 Amendments of Jeroen LENAERS related to 2022/2188(INI)
Amendment 1 #
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls the importance of effective, close and mutually beneficial law enforcement and judicial cooperation between the EU and the UK in view of their geographical proximity and shared challenges; recalls that the application of Part Three of the Trade and Cooperation Agreement1 (TCA) on law enforcement and judicial cooperation in criminal matters is contingent on the protection of human rights and fundamental freedoms and the commitment to high-level protection of personal data; _________________ 1 Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (OJ L 149, 30.4.2021, p. 10).
Amendment 5 #
Draft opinion
Paragraph 2
Paragraph 2
2. Notes with satisfaction that the implementation of the Protocol on Social Security Coordination under the TCA has been unproblematic thus far and that no structural problems were identified in 2021 or 2022; stresses however the importance of having a dynamic Protocol, which periodically aligns with the ongoing revision of the Social Security Coordination regulations;
Amendment 8 #
Draft opinion
Paragraph 6
Paragraph 6
6. IExpresses concerned by a number of developments in the labour and social sphere, which represent a risk of non- compliance withs regarding recent developments that may undermine the level playing field provisions of the TCA; in the labour and social sphere, notes in this regard the need to address the July 2022 repeal of the prohibition of employment agencies from providing temporary staff to replace workers taking part in industrial action; invites the UK government to take necessary measures to uphold the level playing field principles outlined in the articles of the TCA;
Amendment 14 #
Draft opinion
Paragraph 3
Paragraph 3
3. StresseReminds that Part Three of the TCA allows for extended data flows between the EU and the UK, such as the exchange of DNA data, passenger name record data and criminal record information; underlines, therefore, that it is of the utmost importance that the UK ensures adequate data protection standards, so as not to put EU standards at risk when sharing data with the UK;
Amendment 15 #
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
Amendment 17 #
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the risks in the liberalenient onward transfer of personal data to non-EU countries that do not provide for an adequate level of protection; recalls that a primary data recipient may only transfer personal data onwards if the recipient is also subject to rules affording an adequate level of protection; stresses, therefore, that the UK must ensure that its data transfers to non-EU countries are based on regulations, appropriate safeguards and derogations;
Amendment 21 #
Draft opinion
Paragraph 5
Paragraph 5
5. Condemns the UK’s general and broad exemption from the data protection principles and data subject rights for the processing of personal data, set out in its Data Protection Act, for immigration purposes; believes that the exemption in cases in which giving effect to data subjects’ rights would jeopardise effective immigration control or in the investigation or detection of activities that would undermine the maintenance of effective immigration control does not comply with the principle of legal certainty and therefore, is not sufficient to prevent arbitrary decision-making; calls on the European Commission to closely scrutinize the persisting problems relating to the judicial review process impacting the immigration exemption;
Amendment 26 #
Draft opinion
Paragraph 6
Paragraph 6
6. Expresses its concern over the proposed UK Data Protection and Digital Information Bill, which would allow for automated decision-making; stresses that this bill wcould deprive individuals of their right, protected in the EU under the EU General Data Protection Regulation2 and internationally under the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data, not to be subject to a decision based solely on automated processing (including profiling) that has either a legal or similarly significant effect on them; _________________ 2 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1).
Amendment 29 #
Draft opinion
Paragraph 7
Paragraph 7
7. DeploreStrongly regrets the provisions in the new UK Data Protection and Digital Information Bill that weaken the obligations for data controllers and processors, including the new provisions that only require a senior responsible individual to be appointed when carrying out processing, which is likely to result in a high risk to individuals; deplores, equally,Equally regrets the provisions removing the requirement to designate a non-UK based representative for data controllers and processors that is subject to UK data protection rules, and those eliminating the obligation to consult with the UK data protection supervisory authority prior to processing when the controller’s assessment indicates that the processing is likely to result in a high risk;
Amendment 37 #
Draft opinion
Paragraph 9
Paragraph 9
9. Urges the UK to fulfil the data protection requirements for the processing of passenger name record data, in line with Article 552 of the TCA; deplores the long transition period of three years, which is delaying the implementation of the requirement to delete passengers’ personal data after their departure from the country;
Amendment 41 #
Draft opinion
Paragraph 11
Paragraph 11
11. Points out that, with regard to the necessary revision of the adequacy decision for the transfer of personal data to the UK in two years, it is of the utmost importance that guaranteeing the rights protected under the European Convention on Human Rights be non-negotiable and that Parliament closely monitors any non- compliance; calls on the European Commission to closely scrutinize the impact the DPDI2 has on the data protection rights of EU citizens.
Amendment 45 #
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Strongly regrets the substantial increase in the number of EU citizens who were denied entry into the United Kingdom and subsequently returned after the end of the end of the transition period; deplores the fact that certain EU nationals seeking to enter the country were subject to higher levels of scrutiny by Border Force, without sufficient justification as substantiated in the 2022 report by the United Kingdom's Independent Chief Inspector of Borders and Immigration; stresses that such practices go against the principles of reciprocity and non-discrimination set out in the TCA and calls on the Commission to closely monitor such developemnts;
Amendment 49 #
Draft opinion
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Welcomes the agreement on the so-called Windsor Framework meant to remedy the tensions that have arisen in Northern Ireland stemming from the implementation of the Northern Ireland Protocol;
Amendment 51 #
Draft opinion
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Strongly regrets the UK’s discriminatory treatment of citizens of five EU Member States in 2021 in terms of long-term work visa fees and the subsequent removal of work-related visa fee reductions for all EU citizens as of February 2022; calls on the Commission to continue to raise this issue through the Partnership Council;