9 Amendments of Joanna SENYSZYN related to 2013/2188(INI)
Amendment 191 #
Motion for a resolution
Paragraph 19 – subparagraph 1 (new)
Paragraph 19 – subparagraph 1 (new)
Calls on all EU Member States, and in particular those participating in the so- called "9-eyes" and "14-eyes" programmes, to comprehensively evaluate and revise their national legislation and practices governing the activities of intelligence services – including their (strategic) surveillance powers, authorisation procedures and oversight mechanisms - so as to ensure that they are in line with the standards of the European Convention on Human Rights and comply with their fundamental rights obligations as regards data protection, privacy, presumption of innocence, the necessity and proportionality of surveillance activities, as well as parliamentary and judicial oversight, as also set out in the UN compilations of good practices 38e and the recommendations of the Venice Commission 38f; __________________ 38e UN Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Combating Terrorism 2010, Compilation of good practices on legal and institutional frameworks and measures that ensure respect for human rights by intelligence agencies, UN General Assembly, A/HRC/14/46, 17 May 2010. 38f European Commission for Democracy Through Law (Venice Commission), Report on Democratic Oversight of the Security Services in Council of Europe States, Study 388/2006, June 2007 (update due in spring 2014).
Amendment 193 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the UK to revise its national legislation and practices governing the activities of intelligence services so as to ensure that they are in line with the standards of the European Convention on Human Rights and comply with their fundamental rights obligations as regards data protection, privacy and presumption of innocence; in particular, given the extensive media reports referring to mass surveillance in the UK, would emphasise that the current legal framework which is made up of a 'complex interaction' between three separate pieces of legislation – the Human Rights Act 1998, the Intelligence Services Act 1994 and the Regulation of Investigatory Powers Act 2000 – should be revised;
Amendment 194 #
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Calls on Germany to revise the law on the German foreign intelligence service (BND) and the G-10 Law by making them more specific, reinforcing the rights of all persons whose communications are intercepted, providing for more public information in particular as to the activities of the G10 Commission, reinforcing the technical capabilities and investigative powers of the parliamentary oversight bodies, and adjusting the laws to the developments regarding internet technology and use;
Amendment 195 #
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19c. Calls on France to reinforce the system of checks and balances in the field of intelligence activities so as to ensure it is in line with the European Convention on Human Right's requirements, to strengthen its general oversights mechanisms, both as regards the ex ante authorisation procedures, the involvement of the Parliament in monitoring of intelligence activities and the reinforcement of technical capabilities and investigate powers of the latter. Moreover encourages the National Commission for the Control of Security Interceptions (CNIS), independent administrative authority to monitor more closely and effectively the processing of data collected by the various intelligence agencies. Urges France to clarify the situation on allegations regarding potential agreements between intelligence services and telecommunication companies as regard access to and exchange of personal data and access to communication facilities including Transatlantic cables. Takes notes of the adoption of the "Loi de programmation militaire 2014-2019" in December 2013 clarifying the framework according to which intelligence services may have access to communication data, with regards to fighting against terrorism;
Amendment 196 #
Motion for a resolution
Paragraph 19 d (new)
Paragraph 19 d (new)
19d. Calls on Sweden to revise the internet laws which authorised the National Defence Radio Establishment (FRA) to monitor communications traffic into and out of Sweden, cable bound as well as in the ether (radio and satellite), including emails, text messages and telephone calls and Act on signals intelligence which allows for the bulk transfer of data to other states if authorised by the Government, in order to specify the means and the scope of the surveillance and to improve the foreseeability of law which would enable an individual to foresee whether their communication or data about their communication is collected by FRA; recommends further to reinforce the system of checks and balances in oversight of the signals intelligence by including at the composition of the Inspection for Defence Intelligence Operations the parliamentarians in office;
Amendment 197 #
Motion for a resolution
Paragraph 19 e (new)
Paragraph 19 e (new)
19e. Takes note of the review of the Dutch Intelligence and Security Act 2002 (report by the "Dessens Commission" of 2 December 2013); supports those recommendations of the review commission which aim to strengthen the transparency of and the control and oversight on the Dutch intelligence services; calls on the Netherlands to refrain from extending the powers of the intelligence services so that untargeted and large-scale surveillance could also be performed on cable-bound communications of innocent citizens, especially given the fact that one of the biggest Internet Exchange Points in the world is located in Amsterdam (AMS-IX); calls for caution in defining the mandate and capabilities of the new Joint Sigint Cyber Unit, as well as for the presence and operation by US intelligence personnel on Dutch territory;
Amendment 198 #
Motion for a resolution
Paragraph 19 f (new)
Paragraph 19 f (new)
19f. Calls on Poland to revise data protection legislation in particular as far as their access by different (law enforcement or intelligence) authorities to citizens' personal data from various sources is concerned) and introduce an independent supervisory mechanism over their activity, notably in the area of intelligence and general crime prevention; strongly recommends that Poland properly applies freedom of information laws with respect to national security issues ; recommends further that any freedom of information requests shall be duly and adequately treated, notably when relevant for explaining government involvement in programs of mass surveillance and for thereby holding decision-makers accountable;
Amendment 342 #
Motion for a resolution
Paragraph 74 a (new)
Paragraph 74 a (new)
74a. Recognises that the culture of philanthropy, public mass-membership and support for the civil society in the United States allows the NGO's to conduct accurate research helping the government to propose adequate policies and legislative solutions, in European Union however, NGO's are usually lacking permanent resources; therefore asks the Commission and Member States to consider and address this situation through establishing appropriate measures for improved development of civil society;
Amendment 452 #
Motion for a resolution
Paragraph 105 a (new)
Paragraph 105 a (new)
105a. Expresses deep concern about those Member States that blocked elaboration of a joint EU Council position in intelligence matters and have not allowed closer EU cooperation to negotiate surveillance programs with US authorities;