BETA

22 Amendments of Ágnes HANKISS related to 2013/2188(INI)

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 74 #
Motion for a resolution
Recital R a (new)
Ra. whereas the transfer of data is not geographically limited and especially in terms of increasing globalisation and worldwide communication the EU legislator is confronted with new challenges in terms of protecting personal data and communication, therefore it is of utmost importance to foster legal frameworks on common standards;
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 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 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 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 219 #
Motion for a resolution
Paragraph 25
25. Calls on the US to revise its legislation without delay in order to bring it into line with international law, to recognise the privacy and other rights of EU citizens, to provide for judicial redress for EU citizens, to put rights of EU citizens on an equal footing with rights of US citizens and to sign the Additional Protocol allowing for complaints by individuals under the ICCPR;
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 248 #
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 264 #
Motion for a resolution
Paragraph 48
48. Asks for an immediate resumption of the negotiations with the US on the 'Umbrella Agreement', which should provide for clearput rights for EU citizens on an equal footing with rights for EUS citizens and, moreover the agreement should provide effective and enforceable administrative and judicial remedies for all EU citizens in the US without any discrimination;
2014/01/24
Committee: LIBE
Amendment 337 #
Motion for a resolution
Paragraph 72 a (new)
72a. Welcomes the work of the specialised EU agencies and bodies in the field of IT security such as Europol's Cybercrime Centre (EC3), Eurojust, ENISA, CERT- EU and eu-LISA; reminds that the actions and support provided by these agencies deliver a direct added value for the EU and its Member States; deplores that many of these agencies still lack resources to fulfil their mandate while requests for support rise; calls on the Commission to reflect these necessities in the draft budget for 2015;
2014/01/24
Committee: LIBE
Amendment 338 #
Motion for a resolution
Paragraph 73
73. Calls on Europol to ask the competent authorities of the Member States, in linaccordance with its competencesmandate, to initiate investigations with regard to possible cybercrimes and cyber attacks committed by governments or private actors in the course of the activities under scrutiny;
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 362 #
Motion for a resolution
Paragraph 77 a (new)
77a. underlines that a higher degree of IT security and the development of a culture of IT security amongst EU citizens also minimises the vulnerability of the EU and its citizens against cybercrime and cyber facilitated crimes such as financial fraud offences and crime as a service (CaaS) but also more disturbing crimes such as online child sexual exploitation;
2014/01/24
Committee: LIBE
Amendment 388 #
Motion for a resolution
Paragraph 85
85. Calls on the Commission, 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, cyber security, development, innovation and training in the field of IT technologies, in particular privacy-enhancing technologies and infrastructures, the fight against cybercrime, cryptology, secure computing, open-source security solutions and the Information Society; considers that small and medium enterprises play a particular role in research;
2014/01/24
Committee: LIBE
Amendment 394 #
Motion for a resolution
Paragraph 86
86. Asks the Commission together with the European Parliament to map out current responsibilities and to review, by June 2014 at the latest, the need for a broader mandate, better coordination and/or additional resources and technical capabilities for Europol’s Cyber Crime Centre and other Union centres of specialised expertise, ENISA, CERT-EU and the EDPS in order to enable them to be more effective in investigating major IT breaches in the EU and in performing (or assisting Member States and EU bodies to perform) on-site technical investigations regarding major IT breaches;
2014/01/24
Committee: LIBE
Amendment 396 #
Motion for a resolution
Paragraph 86
86. Asks the Commission to map out current responsibilities and to review, by June 2014 at the latest, the need for a broader mandate, better coordination and/or additional resources and technical capabilities for Europol's CyberCrime Centre, ENISA, CERT-EU and the EDPS in order to enable them to be more effective in preventing and investigating major IT breaches in the EU and in performing (or assisting Member States and EU bodies to perform) on-site technical investigations regarding major IT breaches;
2014/01/24
Committee: LIBE
Amendment 407 #
Motion for a resolution
Paragraph 88 – point 2
· the inclusion in tender procedures for new IT systems of specific IT security/privacy requirements, including the possibility of a requirement for Open Source Software as a condition of purchase or the requirement of trusted European companies to take part in the tender when sensitive, security- related areas are concerned;
2014/01/24
Committee: LIBE
Amendment 421 #
Motion for a resolution
Paragraph 89
89. Calls on all the EU Institutions and agencies to perform a similar exercise in cooperation with ENISA, Europol and the CERTs, by December 2014 at the latest, in particular the European Council, the Council, the External Action Service (including EU delegations), the Commission, the Court of Justice and the European Central Bank; invites the Member States to conduct similar assessments;
2014/01/24
Committee: LIBE
Amendment 431 #
Motion for a resolution
Paragraph 94
94. Calls on the Member States, in cooperation with ENISA, Europol’s CyberCrime Centre, CERTs and national data protection authorities and cybercrime units, and to develop a culture of security and to start an education and awareness- raising campaign in order to enable citizens to make a more informed choice regarding what personal data to put on line and how better to protect them, including through ‘digital hygiene’, encryption and safe cloud computing, making full use of the public interest information platform provided for in the Universal Service Directive;
2014/01/24
Committee: LIBE