42 Amendments of Ismail ERTUG related to 2011/0023(COD)
Amendment 28 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) The Member States shall bear the costs of collecting, processing and forwarding PNR data.
Amendment 32 #
Proposal for a directive
Recital 13
Recital 13
(13) PNR data should be transferred by air carriers to a single designated unit (Passenger Information Unit) in the relevant Member State, so as to ensure clarity and reduce costs to air carrierMember States.
Amendment 49 #
Proposal for a directive
Recital 28
Recital 28
Amendment 57 #
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 yearthree months, 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 64 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Directive does not apply to flights within Europe or to means of transport other than airplanes.
Amendment 89 #
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 91 #
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
Amendment 94 #
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 be involved in a terrorist offence or serious crime and who require further examination by the competent authorities referred to in Article 5by the competent authorities referred to in Article 5 – of passengers in respect of whom there are factual grounds for suspicion of involvement in a terrorist offence or serious 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 97 #
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
Amendment 99 #
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 court of a Member State following application by the Passenger Information Unit. Only in the event of danger in delay (‘periculum in mora’) may the Passenger Information Unit authorise such processing.
Amendment 101 #
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 111 #
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 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, 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 to the Passenger Information Units of all the Member States concerned.
Amendment 117 #
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, by any other appropriate means ensuring an appropriate level of data security:
Amendment 125 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 131 #
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 crime. 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 134 #
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 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 crime. 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 141 #
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, only on a case-by- case basis and if:
Amendment 144 #
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 wi. Transfer by the the expressird country to au thorisation of the Member Staird country is not permitted.
Amendment 148 #
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 transfer of the PNR data to the Passenger Information Unit referred to in paragraph 1, the data shall be retained at the Passenger Information Unit for a further period of five yeartwo months. During this period, all data elements which could serve to identify the passenger to whom PNR data relate shall be masked out. Such anonymised 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 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 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 154 #
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 have not yet been deleted in accordance with paragraph 3the data shall be deleted from the database at the latest at the expirynd of the five years, in which case the log shall be kept until the underlying data are deletethree-month retention period.
Amendment 169 #
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4 a. 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. It shall be guaranteed that economic aspects are 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 is 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 can 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 176 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 178 #
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 181 #
Proposal for a directive
Annex 1 – point 1
Annex 1 – point 1
Amendment 183 #
Proposal for a directive
Annex 1 – point 2
Annex 1 – point 2
Amendment 185 #
Proposal for a directive
Annex 1 – point 3
Annex 1 – point 3
Amendment 187 #
Proposal for a directive
Annex 1 – point 4
Annex 1 – point 4
Amendment 189 #
Proposal for a directive
Annex 1 – point 5
Annex 1 – point 5
Amendment 191 #
Proposal for a directive
Annex 1 – point 6
Annex 1 – point 6
Amendment 193 #
Proposal for a directive
Annex 1 – point 7
Annex 1 – point 7
Amendment 195 #
Proposal for a directive
Annex 1 – point 8
Annex 1 – point 8
Amendment 198 #
Proposal for a directive
Annex 1 – point 9
Annex 1 – point 9
Amendment 200 #
Proposal for a directive
Annex 1 – point 10
Annex 1 – point 10
Amendment 202 #
Proposal for a directive
Annex 1 – point 11
Annex 1 – point 11
Amendment 204 #
Proposal for a directive
Annex 1 – point 12
Annex 1 – point 12
Amendment 207 #
Proposal for a directive
Annex 1 – point 13
Annex 1 – point 13
Amendment 209 #
Proposal for a directive
Annex 1 – point 14
Annex 1 – point 14
Amendment 211 #
Proposal for a directive
Annex 1 – point 15
Annex 1 – point 15
Amendment 213 #
Proposal for a directive
Annex 1 – point 16
Annex 1 – point 16
Amendment 215 #
Proposal for a directive
Annex 1 – point 17
Annex 1 – point 17
Amendment 217 #
Proposal for a directive
Annex 1 – point 18
Annex 1 – point 18
(18) Any Advance Passenger Information (API) data collectedin accordance with to Article 3 (2) of Directive 2004/82/EC
Amendment 219 #
Proposal for a directive
Annex 1 – point 19
Annex 1 – point 19