Activities of Jan Philipp ALBRECHT related to 2011/0023(COD)
Plenary speeches (3)
Use of Passenger Name Record data (EU PNR) (debate)
Use of Passenger Name Record data (EU PNR) (debate) DE
Use of Passenger Name Record data (EU PNR) (debate) DE
Amendments (152)
Amendment 36 #
Proposal for a directive
–
–
The European Parliament rejects the Commission proposal.
Amendment 48 #
Draft legislative resolution
Paragraph 1
Paragraph 1
1. Adopts its position at first reading hereinafter set outRejects the Commission proposal;
Amendment 56 #
Proposal for a directive
Recital 5
Recital 5
(5) PNR data are necessarymay be a useful means to effectively prevent, detect, investigate and prosecute terrorist offences and scerious crime and thus enhance internal securitytain types of transnational serious crime.
Amendment 63 #
Proposal for a directive
Recital 6
Recital 6
(6) PNR data may 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 necessary evidence and, where relevant, to find associates of criminals and unravel criminal networks.
Amendment 67 #
Proposal for a directive
Recital 7
Recital 7
Amendment 67 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) The Court of Justice of the EU ruled on 8th April 2014 that the mass retention of commercially generated personal data for law enforcement purposes without any specific suspicion or at least indirect link to a threat or risk is in breach of the Charter of Fundamental Rights. Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC was declared invalid by that judgement.1 a __________________ 1aJudgment in Joined Cases C-293/12 and C-594/12, Digital Rights Ireland and Seitlinger and Others, 8 April 2014.
Amendment 71 #
Proposal for a directive
Recital 5
Recital 5
(5) PNR data are necessary to effectivelymay be a useful means to prevent, detect, investigate and prosecute terrorist offences and seriouscertain types of serious transnational crime and thus enhance internal security.
Amendment 75 #
Proposal for a directive
Recital 10
Recital 10
Amendment 80 #
Proposal for a directive
Recital 6
Recital 6
(6) PNR data may help law enforcement authorities prevent, detect, investigate and prosecute seriouscertain types of serious transnational crimes, including acts of terrorism, by comparing them with various databases of persons and objects sought, to constructfind necessary evidence and, where relevant, to find associates of criminals and unravel criminal networks.
Amendment 87 #
Proposal for a directive
Recital 7
Recital 7
(7) PNR data may enable law enforcement authorities to identify persons who were previously ‘"unknown’", i.e. persons previously unsuspected of involvement in serious transnational 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 criteriprocessing of PNR data should be further limited to certain serious crimes that are also transnational in nature, i.e. are intrinsically linked to travelling and hence the type of the data being processed, and limited to only such flights where there is a proven high risk of persons likely to be involved in serious transnational crime and terrorism being among the passengers, based on a court order.
Amendment 92 #
Proposal for a directive
Recital 12
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 serous 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 StatesUnited Nations Convention against Transnational Organized Crime. However, 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.
Amendment 102 #
Proposal for a directive
Recital 9
Recital 9
Amendment 105 #
Proposal for a directive
Recital 14
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 listsdata should 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.
Amendment 109 #
Proposal for a directive
Recital 10
Recital 10
(10) To prevent, detect, investigate and prosecute terrorist offences and serious crime, it is therefore essential that all Member States introduce provisions laying downharmonising and narrowly limiting obligations on air carriers operating international flights to or from the territory of the Member States of the European Union.
Amendment 110 #
Proposal for a directive
Recital 15
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 offer a higher degree of data protection and should be 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.
Amendment 123 #
Proposal for a directive
Recital 12
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 terrorism37. The definition of serious transnational crime should be taken fromlimited to trafficking in human beings as defined in Article 2 of Directive 2011/36/EU of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims1 a, to illicit trafficking in narcotic drugs as defined in Article 2 of Council Framework Decision 2002/5844/757/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedure between Member States3825 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking38 , and to illicit trafficking in weapons, munition and explosives as defined in Article 2b of Council Directive 2008/51/EC of 21 May 2008 on control of the acquisition and possession of weapons1 b . 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. 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. __________________ 37 OJ L 164, 22.6.2002, p. 3. Decision as amended by Council Framework Decision 2008/919/JHA of 28 November 2008 (OJ L 330, 9.1.2.2008, p. 21). 381a OJ L 101, 15.4.2011, p. 1 38 OJ L 190, 18.7.2002, p. 1. OJ L 335, 11.11.2004, p. 8 1b OJ L 179, 8.7.2008, p. 5
Amendment 129 #
Proposal for a directive
Recital 20
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 transnational 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 Union. Such exchange of PNR data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation.
Amendment 132 #
Proposal for a directive
Recital 21
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 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 anonymised and only accessible under very strict and limited conditions.
Amendment 135 #
Proposal for a directive
Recital 14
Recital 14
(14) The contents of any lists of required PNR data as listed in the Annex to this Directive to be obtained by the Passenger Information Unit should be drawn up with the objective of reflecting the legitimate requirements of public authoritieslimited to the minimum amount of data that is strictly necessary and proportionate to prevent, detect, investigate and prosecute terrorist offences or serious crimetransnational crime in specific cases, 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 listsdata should 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.
Amendment 136 #
Proposal for a directive
Recital 21
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 anonymised and only accessible under very strict and limited conditions.
Amendment 140 #
Proposal for a directive
Recital 15
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 offer a higher degree of data protection and should be mandatory 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, the Code of Conduct for CRS (Regulation (EC) No. 80/2009 of the European Parliament and of the Council) applies.
Amendment 151 #
Proposal for a directive
Recital 18
Recital 18
(18) Each Member State's courts should be responsible for assessing the potential threats and the necessity and proportionality of processing PNR data related to terrorist offences and serious crime.
Amendment 160 #
Proposal for a directive
Recital 28
Recital 28
Amendment 165 #
Proposal for a directive
Recital 20
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 transnational 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)39 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 Union40 . Such exchange of PNR data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation. __________________ 39 40OJ L 121, 15.5.2009, p. 37. OJ L 121, 15.5.2009, p. 37. 40 OJ L 386, 29.12.2006, p. 89. OJ L 386, 29.12.2006, p. 89.
Amendment 167 #
Proposal for a directive
Recital 21
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 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 anonymised and only accessible under very strict and limited conditionstransnational crime.
Amendment 178 #
Proposal for a directive
Recital 32
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 very short period, 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.
Amendment 185 #
Proposal for a directive
Recital 25
Recital 25
(25) Taking into account the right of passengers to be informed of the processing of their personal data, Member States should ensure they are provided with accurate information about the collection of PNR data and their transfer to the Passenger Information Unit, as well as their rights as data subjects.
Amendment 191 #
Proposal for a directive
Recital 26
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, and only on the basis of an international agreement between the Union and that third country. 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.
Amendment 194 #
Proposal for a directive
Article 1 – paragraph 2 – point a
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 point (i) of Article 2 and according to Article 4(2)(b) and (c); and;
Amendment 197 #
Proposal for a directive
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
Amendment 203 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Directive shall not apply to flights within the Union or to means of transport other than airplanes.
Amendment 204 #
Proposal for a directive
Article 1 – paragraph 2 b (new)
Article 1 – paragraph 2 b (new)
2b. PNR data collected in accordance with this Directive may not be processed for minor 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.
Amendment 204 #
Proposal for a directive
Recital 28
Recital 28
(28) This Directive does not affecrules out 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.
Amendment 216 #
Proposal for a directive
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
Amendment 217 #
Proposal for a directive
Recital 32
Recital 32
(32) In particular, the scope of the Directive is as limited as possible, it allows retention of specific 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 very short periodmasked out immediately, 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.
Amendment 224 #
Proposal for a directive
Article 2 – paragraph 1 – point i – introductory part
Article 2 – paragraph 1 – point i – introductory part
(i) ‘'serious transnational crime’' means the following offences under national law referred to in Article 2(2) of Council Framework Decision 2002/584/JHA: trafficking in human beings, illicit trafficking in narcotic drugs and illicit trafficking in weapons, munitions and explosives, 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, and if :
Amendment 228 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive provides conditions for the transfer by air carriers of Passenger Name Record data of passengers of international flights to and from the Member States, as well as the processiuse, retention and exchange of that data, including its collection, use and retention by the Member States and its exchange between them by Member States.
Amendment 240 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The PNR data collected in accordance with this Directive may be processed only for the following purposes: (a) The prevention, detection, investigation and prosecution of terrorist offences and serious crime accordcertaing to Article 4(2)(b) and (c); and (b) The prevention, detection, investigation and prosecution of terrorist offences and serious transnational crime ypes of serious transnational crime as defined in point (i) of Article 2 and according to Article 4(2)(a) and (d).. deleted deleted
Amendment 242 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. The storage, processing and analysis of PNR data relating to passengers on international flights shall be carried out exclusively within the territory of the Union. The law applicable to these procedures shall therefore be Union law on personal data protection.
Amendment 245 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. PNR data collected in accordance with this Directive may not be processed for minor 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.
Amendment 247 #
Proposal for a directive
Article 1 – paragraph 2 b (new)
Article 1 – paragraph 2 b (new)
2b. This Directive shall not apply to flights within the Union or to means of transport other than airplanes.
Amendment 251 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The Member States shall bear the costs of collecting, processing and forwarding PNR data.
Amendment 255 #
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
Amendment 264 #
Proposal for a directive
Article 4 – paragraph 2 – point b
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 factual 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;
Amendment 270 #
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
Amendment 273 #
Proposal for a directive
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
Amendment 278 #
Proposal for a directive
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
Amendment 280 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The Passenger Information Unit of a Member State shall transfer the PNR data or the results of the processing of PNR data of the persons identified in accordance with points (a) and (b) of paragraph 2 for further examination to the relevant competent authorities of the same Member State. Such transfers shall only be made on a case-by- case basis.
Amendment 285 #
Proposal for a directive
Article 2 – paragraph 1 – point i – introductory part
Article 2 – paragraph 1 – point i – introductory part
(i) ‘'serious transnational crime’' means the following offences under national law referred to: trafficking in human beings as defined in Article 2 of Directive 2011/36/EU of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, illicit trafficking in narcotic drugs as defined in Article 2(2) of Council Framework Decision 2002/584/JHA4/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking, and illicit trafficking in weapons, munition and explosives as defined in Article 2b of Council Directive 2008/51/EC of 21 May 2008 on control of the acquisition and possession of weapons, 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, and if :
Amendment 304 #
Proposal for a directive
Article 3 – paragraph 1
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 crime or a branch of such an authority to act as its ‘'Passenger Information Unit’' responsible for conducting risk assessments in accordance with Article 4 as well as 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.
Amendment 305 #
Proposal for a directive
Article 6 – paragraph 1
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 (‘i.e. '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.
Amendment 308 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. Member States shall not require air carriers to collect any PNR data that the air carriers 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 not be liable for the accuracy and completeness of data provided by passengers, except when they did not take reasonable care to ensure that the data collected from passengers were accurate and correct.
Amendment 311 #
Proposal for a directive
Article 6 – paragraph 2 – introductory part
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:
Amendment 316 #
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) once 24 to 48 hours before the scheduled time for flight departure;
Amendment 317 #
Proposal for a directive
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) once immediately after flight closure, that is once the passengers have boarded the aircraft in preparation for departure and it is no longer possible for further passengers to board.
Amendment 319 #
Proposal for a directive
Article 6 – paragraph 3
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.
Amendment 324 #
Proposal for a directive
Article 6 – paragraph 4
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 crime.transnational crime. (This amendment applies throughout the text)
Amendment 330 #
Proposal for a directive
Article 4 – paragraph -1 (new)
Article 4 – paragraph -1 (new)
-1. The anonymised PNR data transferred by air carriers pursuant to Article 6(1a) shall be collected by the Passenger Information Units for the purpose of conducting risk assessments on particular flights and flight connections as well as 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) of paragraph 3.
Amendment 331 #
Proposal for a directive
Article 7 – paragraph 1
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 a specific case for the prevention, detection, 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.
Amendment 336 #
Proposal for a directive
Article 4 – paragraph 1
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(2), shall be collected by the Passenger Information Unit of the relevant Member State. 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.
Amendment 337 #
Proposal for a directive
Article 7 – paragraph 2
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).
Amendment 343 #
Proposal for a directive
Article 7 – paragraph 3
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.
Amendment 343 #
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
Amendment 351 #
Proposal for a directive
Article 7 – paragraph 4
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.
Amendment 356 #
Proposal for a directive
Article 7 – paragraph 5
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.
Amendment 359 #
Proposal for a directive
Article 7 – paragraph 6
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.
Amendment 360 #
Proposal for a directive
Article 4 – paragraph 2 – point b
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 factual 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; and
Amendment 363 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
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 the basis of an international agreement between the Union and that third country, only on a case-by- case basis and if:
Amendment 371 #
Proposal for a directive
Article 8 – paragraph 1 – point c
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 Sta. Transfer by that third country to another third country shall be prohibited.
Amendment 373 #
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
Amendment 375 #
Proposal for a directive
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(ca) the third country allows Union citizens, without excessive delay or expense, the same rights of access, rectification, erasure and compensation with regard to the PNR data as apply in the Union,
Amendment 377 #
Proposal for a directive
Article 8 – paragraph 1 – point c b (new)
Article 8 – paragraph 1 – point c b (new)
(cb) the third country ensures an adequate and comparable level of protection for PNR data.
Amendment 378 #
Proposal for a directive
Article 8 – paragraph 1 – point c c (new)
Article 8 – paragraph 1 – point c c (new)
(cc) all the conditions set out in Article 7 are met, mutatis mutandis.
Amendment 383 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Amendment 385 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The assessment of the passengers prior to their scheduled arrival or departure from the Member State referred to in point (a) of paragraph 2 shall be carried out in a non- discriminatory manner on the basis of assessment criteria established by its Passenger Information Unit. Member States shall ensure that the assessment criteria are set by the Passenger Information Units, in cooperation with the competent authorities referred to in Article 5. The assessment criteria shall in no circumstances be based on a person’s race or ethnic origin, religious or philosophical belief, political opinion, trade union membership, health or sexual life. The assessment shall in any case not be based solely on automated processing and allow for human intervention on every criteria.
Amendment 387 #
Proposal for a directive
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. The processing of PNR data may be authorised only by order of a competent court of a Member State following application by the Passenger Information Unit. Only where the Passenger Information Unit identifies danger in delay ('periculum in mora'), in particular an urgent need to avert serious consequences for the life, liberty of physical integrity of a person, may it authorise such processing itself, subject to a review by a court within 48 hours.
Amendment 394 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the PNR data are deleted upon expiry of the period specified in paragraph 21. This obligation shall be without prejudice to cases where specific PNR data have been transferred to a competent authority and are used in the context of specific criminal investigations or prosecution actions targeted at a particular person or a particular group of persons, in which case the retention of such data by the competent authority shall be regulated by the national law of the Member State.
Amendment 394 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The Passenger Information Unit of a Member State shall transfer the PNR data or the results of the processing of PNR data of the persons identified in accordance with points (a) and (b) of paragraph 2 for further examination to the relevant competent authorities of the same Member State. Such transfers shall only be made on a case-by- case basis.
Amendment 398 #
Proposal for a directive
Article 9 – paragraph 4
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 shave not yet been deleted in accordance with paragraph 3 at the expiry of the five years, in which case the log shall be kept until the underlying data are deletedll be corrected or deleted in the relevant database.
Amendment 398 #
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. The storage, processing and analysis of PNR data shall be carried out exclusively within the territory of the Union.
Amendment 402 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure, in conformity with their national law, that dissuasive, effective and proportionate penalties, including financial penalties, are provided for against air carriers which, do not transmit the data required under this Directive, to the extent that they are already collected by the them, or do not do so in the required format prescribed by the ICAO guidelines on PNR or otherwise infringe the national provisions adopted pursuant to this Directive. No penalties shall be imposed on air carriers when the authorities of a third country do not allow them to transfer PNR data.
Amendment 403 #
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4a Risk assessment 1. The Passenger Information Units shall conduct risk assessments on particular flights and flight connections in order to justify the collection of PNR data in accordance with Article 9. A decision to categorize flights or flight connections as involving a high concrete risk that persons linked to a specific case of prevention, detection, investigation or prosecution of terrorist offences or serious transnational crime are travelling on those flights should be based on reliable and up-to-date factual and statistical evidence. 2. While collecting PNR data in accordance with Article 9 the Passenger Information Units shall constantly update the risk assessment and end the collection of PNR data as soon as a high concrete risk that persons linked to a specific case of prevention, detection, investigation or prosecution of terrorist offences or serious transnational crime are travelling on those flights is no longer given. 3. Each risk assessment shall be approved by the competent national supervisory authority prior to any measure based on Article 9.
Amendment 405 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Each Member State shall provide that, in respect of all processing of personal data pursuant to this Directive, every passenger shall have the same right to access, the right to rectification, erasure and blocking, the right to compensation and the right to judicial redress as those the provisions adopted under national law in implementation of Articles 217, 18, 19 and 202 of the Council Framework Decision 2008/977/JHA. The provisions of Articles 17, 18, 19 and 20 of the Council Framework Decision 2008/977/JHA shall therefore be applicable regarding confidentiality of processing and data security shall also apply to all processing of personal data pursuant to this Directive. Air carriers that obtain passenger contact details from travel agencies shall not be permitted to use them for commercial purposes.
Amendment 410 #
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
Amendment 416 #
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
Amendment 418 #
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Member States shall ensure that air carriers, their agents or other ticket sellers for the carriage of passengers on air service inform passengers of international flights at the time of booking a flight and at the time of purchase of a ticket 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 serious transnational crime, the possibility of exchanging and sharing such data and their data protection rights, in particular such 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.
Amendment 420 #
Proposal for a directive
Article 5 – paragraph 2
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.
Amendment 428 #
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12a By...* 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. _____________ * OJ : please insert date: 2 years after the date of entry into force of this Directive.
Amendment 430 #
Proposal for a directive
Article 5 – paragraph 4
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 preventiong, detectiong, investigating oron and prosecutingon of terrorist offences or serious crimeand certain types of serious transnational crime as defined in point (i) of Article 2 and according to Article 4(2).
Amendment 444 #
Proposal for a directive
Article 6 – paragraph -1 (new)
Article 6 – paragraph -1 (new)
-1. Member States shall adopt the necessary measures to ensure that air carriers transfer ('push') fully anonymised PNR data to the extent that such data are already collected by them in their normal course of business to the Passenger Information Units.
Amendment 447 #
Proposal for a directive
Article 6 – paragraph 1
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 their normal course of business to the database of the national Passenger Information Unit of thea Member State on twhen territory of which the international flight will land or from the territory of which the flight will departhis is requested in accordance with Article 9. 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.
Amendment 454 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States shall not require air carriers to collect any PNR data that the air carriers 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 not be liable for the accuracy and completeness of data provided by passengers, except when they did not take reasonable care to ensure that the data collected from passengers were accurate and correct.
Amendment 458 #
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. AIn accordance with paragraph 1 and 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:
Amendment 459 #
Proposal for a directive
Annex 1 – point 6
Annex 1 – point 6
Amendment 462 #
Proposal for a directive
Annex 1 – point 8
Annex 1 – point 8
Amendment 462 #
Proposal for a directive
Article 6 – paragraph 2 – point a – introductory part
Article 6 – paragraph 2 – point a – introductory part
(a) once 24 to 48 hours before the scheduled time for flight departure;
Amendment 465 #
Proposal for a directive
Annex 1 – point 9
Annex 1 – point 9
Amendment 466 #
Proposal for a directive
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) once immediately after flight closure, that is once the passengers have boarded the aircraft in preparation for departure and it is no longer possible for further passengers to board.
Amendment 467 #
Proposal for a directive
Annex 1 – point 11
Annex 1 – point 11
Amendment 470 #
Proposal for a directive
Article 6 – paragraph 3
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.
Amendment 471 #
Proposal for a directive
Annex 1 – point 12
Annex 1 – point 12
Amendment 475 #
Proposal for a directive
Annex 1 – point 13
Annex 1 – point 13
Amendment 477 #
Proposal for a directive
Article 6 – paragraph 4
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.
Amendment 478 #
Proposal for a directive
Annex 1 – point 14
Annex 1 – point 14
Amendment 482 #
Proposal for a directive
Annex 1 – point 16
Annex 1 – point 16
Amendment 484 #
Proposal for a directive
Annex 1 – point 17
Annex 1 – point 17
Amendment 487 #
Proposal for a directive
Annex 1 – point 19
Annex 1 – point 19
Amendment 487 #
Proposal for a directive
Article 7 – paragraph 1
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 without delay 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 necessaryrelevant for the prevention, detection, investigation or prosecution of terrorist offences or serious transnational crime. Such transfers shall be strictly limited to the data necessary in a specific case for the prevention, detection, investigation or prosecution of a terrorist offences or serious crimetransnational 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. Where appropriate, an alert shall be entered in accordance with article 36 of Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II)1 a. __________________ 1a OJ L 205, 7.8.2007, p. 63
Amendment 493 #
Proposal for a directive
Article 7 – paragraph 2
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 this 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 using the common protocols and supported data formats 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).
Amendment 502 #
Proposal for a directive
Article 7 – paragraph 3
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.
Amendment 516 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Only in those cases wWhere 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.
Amendment 520 #
Proposal for a directive
Article 7 – paragraph 5
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.
Amendment 534 #
Proposal for a directive
Article 7 – paragraph 6
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 establishing the European Police Office (Europol)1 a. 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. __________________ 1a OJ L 121, 15.5.2009, p. 37
Amendment 546 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
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, only on the basis of an international agreement between the Union and that third country and if:
Amendment 551 #
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
Amendment 578 #
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
Amendment 586 #
Proposal for a directive
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(ca) the third country allows Union citizens, without excessive delay or expense, the same rights of access, rectification, erasure and compensation with regard to the PNR data as apply in the Union;
Amendment 589 #
Proposal for a directive
Article 8 – paragraph 1 – point c b (new)
Article 8 – paragraph 1 – point c b (new)
(cb) the third country ensures an adequate and comparable level of protection for PNR data; and
Amendment 590 #
Proposal for a directive
Article 8 – paragraph 1 – point c c (new)
Article 8 – paragraph 1 – point c c (new)
(cc) all the conditions set out in Article 7 are met, mutatis mutandis.
Amendment 595 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
Transfer by a third country to another third country shall be prohibited.
Amendment 607 #
Proposal for a directive
Article 9 – title
Article 9 – title
Amendment 608 #
Proposal for a directive
Article 9 – paragraph -1 b (new)
Article 9 – paragraph -1 b (new)
-1b. A request pursuant paragraph -1 shall be subject to prior authorisation by a court and to judicial redress by every concerned person.
Amendment 609 #
Proposal for a directive
Article 9 – paragraph -1 a (new)
Article 9 – paragraph -1 a (new)
-1a. A request pursuant paragraph 1 shall be valid only to the extent it is strictly necessary for the purpose of prevention, detection, investigation and prosecution of terrorist offences and certain types of serious transnational crime as defined in point (i) of Article 2 and according to Article 4(2) and in any case be limited for a maximum period of six month.
Amendment 610 #
Proposal for a directive
Article 9 – paragraph -1 (new)
Article 9 – paragraph -1 (new)
-1. Member States shall adopt the necessary measures to ensure that their Passenger Information Unit may request air carriers in accordance with Article 6 to: (a) transfer ('push') PNR data of individual passengers, which may be identified by name, payment information, address and contact information, linked to a specific case of prevention, detection, investigation or prosecution of terrorist offences or serious transnational crime; or (b) transfer ('push') PNR data of all passengers on specific flights where a risk assessment of the Passenger Information Unit in accordance with Article 4a has proven a high concrete risk that persons linked to a specific case of prevention, detection, investigation or prosecution of terrorist offences or serious transnational crime are travelling on those flights.
Amendment 617 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that the PNR data provided by the air carriers to the Passenger Information Unit, are retained in a database at the Passenger Information Unit for a period of 30 days after their first transfer to theany Passenger Information Unit of the first Member State on whose territory the international flight is landing or departing.
Amendment 633 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Upon expiry of the period of 30 days after the first transfer of the PNR data to theany 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, the data shall be deleted. This obligation shall be without prejudice to cases where specific PNR data shallve 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 wen transferred to a competent authority and are used in the context of specific criminal investigations or prosecutions, in which case the re 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 prosecutiontention of such data by the competent authority shall be regulated by the national law of the Member State.
Amendment 636 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 a (new)
Article 9 – paragraph 2 – subparagraph 1 a (new)
During the whole period, all data elements which could serve to identify the passenger to whom PNR data relate shall be masked out. Such masked out 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. 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.
Amendment 660 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the PNR data are deleted upon expiry of the period specified in paragraph 2. This obligation shall be without prejudice to cases where specific PNR data have been transferred to a competent authority and are used in the context of specific criminal investigations or prosecution actions targeted at a particular person or a particular group of persons, in which case the retention of such data by the competent authority shall be regulated by the national law of the Member State.
Amendment 662 #
Proposal for a directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. Member States shall not require air carriers to collect any PNR data that the air carriers 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 not be liable for the accuracy and completeness of data provided by passengers, except when they did not take reasonable care to ensure that the data collected from passengers were accurate and correct.
Amendment 663 #
Proposal for a directive
Article 9 – paragraph 3 b (new)
Article 9 – paragraph 3 b (new)
3b. Member States shall bear the costs of use, retention and exchange of PNR data.
Amendment 665 #
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 680 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure, in conformity with their national law, that dissuasive, effective and proportionate penalties, including financial penalties, are provided for against air carriers which, do not transmit the data required under this Directive, to the extent that they are already collected by the them, or do not do so in the required format prescribed by the ICAO guidelines on PNR or otherwise infringe the national provisions adopted pursuant to this Directive. No penalties shall be imposed on air carriers when the authorities of a third country do not allow them to transfer PNR data.
Amendment 683 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Each Member State shall provide that, in respect of all processing of personal data pursuant to this Directive, every passenger shall have the same right to access, the right to rectification, erasure and blocking, the right to compensation and the right to judicial redress as thosethe provisions adopted under national law in implementation of Articles 217, 18, 19 and 202 of the Council Framework Decision 2008/977/JHA. The provisions of Articles 17, 18, 19 and 20 of the Council Framework Decision 2008/977/JHA shall therefore be applicable regarding confidentiality of processing and data security shall also apply to all processing of personal data pursuant to this Directive. Air carriers that obtain passenger contact details from travel agencies shall not be permitted to use them for commercial purposes.
Amendment 693 #
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Where provisions adopted under national law in implementation of Directive 95/46/EC provide the passenger with greater rights of access, rectification, erasure and blocking of the data, of compensation, of judicial redress, of confidentiality of processing and of data security than the provisions referred to in paragraphs 1 and 2, these provisions shall apply.
Amendment 706 #
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. A particularly high security standard shall be used for the protection of all data, geared to the latest developments in expert discussions on data protection, and constantly updated to include new knowledge and insights. Economic aspects shall be taken into account as a secondary concern at most when the relevant decisions on the security standards to be applied are taken. 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, changed or removed without authorisation when being processed or used and after retention; - ensures that personal data cannot be read, copied, changed or removed 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 are to be transferred by data transmission facilities. The possibility of retrospectively checking and establishing whether and by whom personal data have been entered in data- processing systems, changed or removed shall be guaranteed. It shall be guaranteed that personal data processed under contract may be processed only in accordance with the contracting entity's instructions. The protection of personal data against accidental destruction or loss shall be guaranteed. The possibility of processing data collected for different purposes separately shall be guaranteed.
Amendment 709 #
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Member States shall ensure that air carriers, their agents or other ticket sellers for the carriage of passengers on air service inform passengers of international flights at the time of booking a flight and at the time of purchase of a ticket in a clear and precise manner about the provision of PNR data to the Passenger Information Unit, the purposes of their processing, the period of data retention, their possible use to prevent, detect, investigate or prosecute terrorist offences and serious transnational 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.
Amendment 769 #
Proposal for a directive
Article 16
Article 16
Amendment 782 #
Proposal for a directive
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) undertake a review of the operation of this Directive and submit a report to the European Parliament and the Council within four years after the date mentioned in Article 15(1). Such review shall cover all the elements of this Directive, with special attention to the compliance with standard of protection of personal data, the length of the data retention period and, the quality of the assessments, and figures justifying the use of PNR data for each category of crime. It shall also contain the statistical information gathered pursuant to Article 18.
Amendment 789 #
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article 17a Limitation This Directive shall lose its effect after a period of seven years. The Commission may ask to extend the effect of this Directive for further seven-year-periods after the consent of the European Parliament and the Council.
Amendment 793 #
Proposal for a directive
Article 18 – paragraph 1
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 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 and the number of criminal convictions following those actions.
Amendment 798 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. These statistics shall not contain any personal data. They shall be transmitted to the Commission, the European Parliament, and the Council on a yearly basis.
Amendment 802 #
Proposal for a directive
Article 19 – paragraph -1 (new)
Article 19 – paragraph -1 (new)
-1. This Directive applies without prejudice to the Council Framework Decision 2008/977 JHA and any future legislation on the processing of personal data for the purpose of investigation and prevention of criminal offenses.
Amendment 813 #
Proposal for a directive
Annex 1 – point 6
Annex 1 – point 6
Amendment 816 #
Proposal for a directive
Annex 1 – point 8
Annex 1 – point 8
Amendment 818 #
Proposal for a directive
Annex 1 – point 9
Annex 1 – point 9
Amendment 819 #
Proposal for a directive
Annex 1 – point 11
Annex 1 – point 11
Amendment 823 #
Proposal for a directive
Annex 1 – point 12
Annex 1 – point 12
Amendment 826 #
Proposal for a directive
Annex 1 – point 13
Annex 1 – point 13
Amendment 828 #
Proposal for a directive
Annex 1 – point 14
Annex 1 – point 14
Amendment 831 #
Proposal for a directive
Annex 1 – point 16
Annex 1 – point 16
Amendment 832 #
Proposal for a directive
Annex 1 – point 17
Annex 1 – point 17
Amendment 835 #
Proposal for a directive
Annex 1 – point 19
Annex 1 – point 19