115 Amendments of Cornelia ERNST related to 2011/0023(COD)
Amendment 38 #
Proposal for a directive
–
–
The European Parliament rejects the Commission proposal;
Amendment 49 #
Draft legislative resolution
Paragraph 1
Paragraph 1
1. Adopts its position at first reading hereinafter set outRejects the Commission proposal;
Amendment 51 #
Proposal for a directive
Recital 5
Recital 5
Amendment 60 #
Proposal for a directive
Recital 6
Recital 6
(6) PNR data may in exceptional circumstances 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 construct evidence and, where relevant, to find associates of criminals and unravel criminal networks.
Amendment 63 #
Proposal for a directive
Recital 1
Recital 1
Amendment 64 #
Proposal for a directive
Recital 2
Recital 2
Amendment 68 #
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. Since that suggestion does not amount to suspicion, those persons should therefore be subject to further examination by the competent authorities only in cases related to specific acts of serious crime or terrorism. By using PNR data law enforcement authorities can address the threat of serious transnational 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 criteriause of PNR should be further limited to serious crimes that are also transnational in nature, i.e. are intrinsically linked to travelling and hence the type of the data being processed.
Amendment 69 #
Proposal for a directive
Recital 5
Recital 5
Amendment 73 #
Proposal for a directive
Recital 9
Recital 9
Amendment 78 #
Proposal for a directive
Recital 10
Recital 10
(10) To prevent, detect, investigate and prosecute terrorist offences and serious transnational crime, it is therefore essential that all Member States introduce provisions laying down obligations on air carriers operating international flights to or from the territory of the Member States of the European Union.
Amendment 78 #
Proposal for a directive
Recital 6
Recital 6
Amendment 85 #
Proposal for a directive
Recital 7
Recital 7
(7) PNR data enable law enforcement authorities to identify persons who were previously ‘unknown’, i.e. persons previously unsuspected of involvement in serious 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, iIn 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 criteria should be further limited to serious crimes that are also transnational in nature, i.e. are intrinsically linked to travelling and hence the type of the data being processed.
Amendment 91 #
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 serious 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 States and the United Nations Convention on Transnational Organized Crime. 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.
Amendment 97 #
Proposal for a directive
Recital 8
Recital 8
(8) The processing of personal data must be necessary for, and proportionate to, the specific security goal pursued by this Directive.
Amendment 100 #
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 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 citizens, notably privacy and the protection of personal data. Such lists should not contain any personal data, and in particular any data that could reveal sex, racial or, ethnic origin social origin, genetic features, language, 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 100 #
Proposal for a directive
Recital 9
Recital 9
Amendment 105 #
Proposal for a directive
Recital 10
Recital 10
Amendment 108 #
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. The 'pull' method should be prohibited under this Directive.
Amendment 119 #
Proposal for a directive
Recital 18
Recital 18
(18) Each Member State should be responsible for assessing the potential threats related to terrorist offences and serious transnational crime.
Amendment 122 #
Proposal for a directive
Recital 19
Recital 19
(19) Taking fully into consideration the right to the protection of personal data and the right to non-discrimination, no decision that produces an adverse legal effect on a person or seriously affects him/her should be taken only by reason of the the basis of automated processing of PNR data, processing against predetermined criteria or any other form of profiling. Moreover, no such decision should be taken by reason of a person's sex, race or, ethnic origin social origin, genetic features, language, religious or philosophical belief, political opinion, trade union membership, health or sexual life.
Amendment 125 #
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 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 States38and the United Nations Convention on Transnational Organised 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. __________________ 38__________________ 38 OJ L 190, 18.7.2002, p. 1. OJ L 190, 18.7.2002, p. 1. 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).
Amendment 128 #
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 130 #
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 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 crime, thereby improving internal security within the Union as well as protecting the fundamental rights of citizens, notably privacy and the protection of personal data. Such lists should not contain any personal data that could reveal racial, social 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 shouldmay 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 133 #
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 investigationstransnational crime. In order to avoid disproportionate use, it is necessary that, after an initial period, the data are permanently anonymised and only accessible under very strict and limited conditions.
Amendment 138 #
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. TOnly the ‘push’ method is considered to offer a higher degree of data protection and should be mandatory for all air carriers.
Amendment 157 #
Proposal for a directive
Recital 19
Recital 19
(19) Taking fully into consideration the right to the protection of personal data and the right to non-discrimination, no decision that produces an adverse legal effect on a person or seriously affects him/her should be taken only by reason of the automated processing of PNR data. Moreover, no such decision should be taken by reason of a person’s race, social or ethnic origin, religious or philosophical belief, political opinion, trade union membership, health or sexual life.
Amendment 159 #
Proposal for a directive
Recital 28
Recital 28
Amendment 164 #
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 OJ L 121, 15.5.2009, p. 37. 40 OJ L 386, 29.12.2006, p. 89.
Amendment 168 #
Proposal for a directive
Recital 29
Recital 29
(29) As a result of the legal and technical differences between national provisions concerning the processing of personal data, including PNR, air carriers are and will be faced with different requirements regarding the types of information to be transmitted, as well as the conditions under which this information needs to be provided to competent national authorities. These differences may be prejudicial to effective cooperation between the competent national authorities for the purposes of preventing, detecting, investigating and prosecuting terrorist offences or serious transnational crime.
Amendment 172 #
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 conditionsdeleted unless necessary for the investigation and prosecution of specific terrorist offences and serious transnational crime.
Amendment 181 #
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) Taking into consideration the right to the protection of personal data, and the requirement of independent oversight, national data protection authorities should have the same powers as under Framework Decision 2008/977/JHA.
Amendment 188 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive provides for the transfer by air carriers of Passenger Name Record data of passengers of targeted international flights to and from the Member States, as well as the processing of that data, including its collection, use and retention by the Member States and its exchange between them.
Amendment 190 #
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. The transfer by air carriers of Passenger Name Record data of passengers on domestic flights to and from the Member States, as well as the processing of those data, including their collection, use and retention by the Member States and its exchange between them shall be prohibited under this Directive.
Amendment 192 #
Proposal for a directive
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
Amendment 192 #
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. 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 198 #
Proposal for a directive
Recital 28
Recital 28
Amendment 199 #
Proposal for a directive
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) The prevention, detection, investigation and prosecution of terrorist offences and serious transnational crime according to Article 4(2)(a) and (d).
Amendment 209 #
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) 'domestic flight' means any scheduled or non-scheduled flight by an air carrier due to land on the territory of a Member State originating in any other Member State with a final destination in a Member State;
Amendment 210 #
Proposal for a directive
Article 2 – paragraph 1 – point b b (new)
Article 2 – paragraph 1 – point b b (new)
(bb) 'targeted flight' means any international flight that has been identified by competent national authorities, as likely to be used by passengers who are involved in terrorist offences or serious transnational crime;
Amendment 212 #
Proposal for a directive
Recital 31
Recital 31
(31) This Directive respects the fundamental rights and the principles of the Charter of Fundamental Rights of the European Union, in particular the right to the protection of personal data, the right to privacy and, the right to non-discrimination as well as the rights to legal remedy and due process, as protected by Articles 8, 7, 21, 47 and 2148 of the Charter and has to be implemented accordingly. The Directive is compatible with data protection principles and its provisions are in line with the Framework Decision 2008/977/JHA. Furthermore, and in order to comply with the proportionality principle, the Directive, on specific issues, will have stricter rules on data protection than the Framework Decision 2008/977/JHA.
Amendment 218 #
Proposal for a directive
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
Amendment 221 #
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 52 years, 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 225 #
Proposal for a directive
Recital 33
Recital 33
(33) [In accordance with Article 3 of the Protocol (No 21) on the position of United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, those Member States have notified their wish to participate in the adoption and application of this Directive] OR [Without prejudice to Article 4 of the Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, those Member States will not participate in the adoption of this Directive and will not be bound by or be subject to its application].
Amendment 227 #
Proposal for a directive
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) ‘serious transnational crime’ means the offences under national law referred to in Article 2(2) of Council Framework Decision 2002/584/JHA if they are punishable by a custodial sentence or a detention order for a maximum period of at least threfive years under the national law of a Member State, 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, and if:
Amendment 230 #
Proposal for a directive
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(ia) 'profiling' means the process of discovering patterns from a data set by automated or semi-automated means in order to detect anomalies in the given data set.
Amendment 230 #
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 pre- selected international flights to and from the Member States, as well as the processibetween Member States and third countries, as well as the use, retention and exchange of that data, including its collection, use and retention by the Member States and its exchange between them by the Member States.
Amendment 243 #
Proposal for a directive
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
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 crimeypes of serious transnational crime as defined in point (i) of Article 2 and according to Article 4(2)(a) and (d).. deleted deleted
Amendment 246 #
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 253 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Profiling of PNR data shall be prohibited under this Directive.
Amendment 259 #
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) carrying out an assessment of the passengers 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 transnational crime and who require further examination by the competent authorities referred to in Article 5. In carrying out such an assessment, the Passenger Information Unit may not process PNR data against pre-determined criteria. Member States shall ensure that any positive match resulting from suchany 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 261 #
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
Amendment 270 #
Proposal for a directive
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
Amendment 271 #
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
Amendment 289 #
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, munition 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 299 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. The competent authorities shall not take any decision that produces an adverse legal effect on a person or significantly affects a person only by reason of the automated processing of PNR data, processing against predetermined criteria or any other form of profiling. Such decisions shall not be taken on the basis of a person's race or ethnic origin, religious or philosophical belief, political opinion, trade union membership, health or sexual life.
Amendment 302 #
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 collectreceiving 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 303 #
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 (‘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. No data revealing a person's sex, age, race, social or ethnic origin, religious or philosophical belief, political opinion, trade union membership, health or sexual life may be transferred.
Amendment 308 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. The anonymised PNR data transferred by air carriers pursuant to Article 6(1a), shall be received by the Passenger Information Units, in accordance with Article 9.
Amendment 337 #
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 shall be collectreceived by the Passenger Information Unit of the relevant Member State, in accordance with Article 9. 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 347 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 355 #
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
Amendment 373 #
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) the third country agrees not to transfer the data to another third country 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 State.
Amendment 375 #
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
Amendment 381 #
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, social or ethnic origin, religious or philosophical belief, political opinion, trade union membership, health or sexual life.
Amendment 382 #
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 transfer to the Passenger Information Unit of the first Member State on whose territory the international flight is landing or departing.
Amendment 388 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Upon expiry of the period of 30three days after the transfer of the PNR data to the Passenger Information Unit referred to in paragraph 1, the data shall only be retained at the Passenger Information Unit for a further period of five years. During this periodif it could reasonably be 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. During this period, which shall not exceed the time needed to carry out that investigation, 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 390 #
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 396 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the PNR data are permanently 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 prosecutions, in which case the retention of such data by the competent authority shall be regulated by the national law of the Member State.
Amendment 400 #
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 3 at the expiry of the five years, in which case the log shall be kept until the underlying data are deleted.
Amendment 404 #
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4a Assessment of the pre-determined criteria used by PIU for preselecting flights 1) The national DPA, in collaboration with the European Board of Data Protection, shall issue binding guidelines to the PIU ensuring that the pre- determined assessment criteria, on which flights are preselected, respect data protection law. 2) The DPA, in collaboration with the EBDP, shall carry out, at least every 6 months, a periodic review of the assessment criteria put in place on the basis of which preselected flights are targeted, in which it will benchmark the preselection criteria to the stated objectives of this directive and to the principles of data protection.
Amendment 407 #
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 adopted under national law in implementation of Articles 17(1), 18, 19 and 20 of the Council Framework Decision 2008/977/JHA. The provisions of Articles 17(1), 18, 19 and 20 of the Council Framework Decision 2008/977/JHA shall therefore be applicable.
Amendment 421 #
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 crime, the possibility of exchanging and sharing such data and their data protection rights, in particular 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 422 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Competent authorities shall consist of public authorities competent for the prevention, detection, investigation or prosecution of terrorist offences and serious transnational crime.
Amendment 428 #
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 441 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. The competent authorities shall not take any decision that produces an adverse legal effect on a person or significantly affects a person only by reason of the automated processing of PNR data. Such decisions shall not be taken on the basis of a person’s race, social or ethnic origin, religious or philosophical belief, political opinion, trade union membership, health or sexual life.
Amendment 443 #
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 448 #
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 fourtwo 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. It shall also contain the statistical information gathered pursuant to Article 18.
Amendment 448 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall adopt the necessary measures to ensure that, only upon a request by the Passenger Information Unit, air carriers 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 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 to the Passenger Information Units of all the Member States concerned.
Amendment 468 #
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 483 #
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 transnational 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 495 #
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 transnational 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 505 #
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 transnational crime.
Amendment 508 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 523 #
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.
Amendment 543 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
A Member State may, on a case-by-case basis, transfer PNR data and the results of the processing of PNR data to a third country, only on a case-by- case basis and if:
Amendment 549 #
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
Amendment 556 #
Proposal for a directive
Article 8 – paragraph 1 – point a a (new)
Article 8 – paragraph 1 – point a a (new)
(aa) the transfer is based on an international agreement between the European Union and the third country,
Amendment 567 #
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the transfer is necessary for the purposes of this Directive specified in Article 1(2), and.
Amendment 577 #
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
Amendment 606 #
Proposal for a directive
Article 9 – title
Article 9 – title
Period ofNR data retentionquests
Amendment 616 #
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 310 days after their transfer to the Passenger Information Unit of the first Member State on whose territory the international flight is landing or departing.
Amendment 620 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Member States shall adopt the necessary measures to ensure that their Passenger Information Unit may only request air carriers in accordance with Article 6 to: (a) transfer ('push') PNR data of individual passengers 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 pre-selected flights following an assessment of the Passenger Information Unit which 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 622 #
Proposal for a directive
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
1b. A request pursuant to paragraph 1 shall be subject to judicial redress by every natural person concerned.
Amendment 623 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Upon expiry of the period of 310 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 years. During this periodeleted unless 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). In any case all PNR data has to be deleted no later than two years after the first transfer of the PNR data to any Passenger Information Unit. 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 prosecutions, in which case the retention of such data by the competent authority shall be regulated by the national law of the Member State. As long as data are retained, all data elements which could serve to identify the passenger to whom PNR data relate shall be masked out. Such anonymisedmasked 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 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 646 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – indent 2 a (new)
Article 9 – paragraph 2 – subparagraph 2 – indent 2 a (new)
- All forms of payment information, including billing address;
Amendment 652 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – indent 3
Article 9 – paragraph 2 – subparagraph 2 – indent 3
– General remarks to the extent that it contains any information which could serve to identify the passenger to whom PNR relate; and
Amendment 658 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 664 #
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 686 #
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 adopted under national law in implementation of Articles 17, 18, 19 and 20 of the Council Framework Decision 2008/977/JHA. The provisions of Articles 17, 18, 19, 20 and 205 of the Council Framework Decision 2008/977/JHA shall therefore be applicable.
Amendment 700 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Any processing of PNR data revealing a person’s race, social or ethnic origin, religious or philosophical belief, political opinion, trade union membership, health or sexual life shall be prohibited. In the event that PNR data revealing such information are received by the Passenger Information Unit they shall be deleted immediately.
Amendment 703 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. All processing of PNR data by air carriers, all transfers of PNR data by Passenger Information Units and all requests by competent authorities or Passenger Information Units of other Member States and third countries, even if refused, shall be logged or documented by the Passenger Information Unit and the competent authorities for the purposes of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security of data processing, in particular by the national data protection supervisory authorities. These logs shall be kept for a period of five years unless the underlying data have not yet been deleted in accordance with Article 9(3) at the expiry of those five years, in which case the logs shall be kept until 5 years after the underlying data arehave been deleted.
Amendment 711 #
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 crime, the possibility of exchanging and sharing such data and their data protection rights, in particular 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 720 #
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article 11a Judicial Remedy Every decision by a competent authority to deny boarding or to impose other restrictive measures on a passenger, based on the processing of PNR data according to this Directive, shall be open to a judicial remedy before a regular court of law.
Amendment 741 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Each Member State shall provide that the national supervisory authority established in implementation of Article 25 of Framework Decision 2008/977/JHA shall also be responsible for advising on and, monitoring and enforcement of the application within its territory of the provisions adopted by the Member States pursuant to the present Directive. The further provisions of Article 25 Framework Decision 2008/977/JHA shall be applicable.
Amendment 752 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. All transfers of PNR data by air carriers to the Passenger Information Units for the purposes of this Directive shall be made by electronic means or, in the event of technical failure, by any other appropriate means, for a period of one yearthree months following the adoption of the common protocols and supported data formats in accordance with Article 14.
Amendment 754 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Once the period of one yearthree months from the date of adoption of the common protocols and supported data formats has elapsed, all transfers of PNR data by air carriers to the Passenger Information Units for the purposes of this Directive shall be made electronically using secure methods in the form of accepted common protocols which shall be common to all transfers to ensure the security of the data during transfer, and in a supported data format to ensure their readability by all parties involved. All air carriers shall be required to select and identify to the Passenger Information Unit the common protocol and data format that they intend to use for their transfers.
Amendment 756 #
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Each Member State shall ensure that the necessary technical measures are adopted to be able to use the common protocols and data formats within one yearthree months from the date the common protocols and supported data formats are adopted.
Amendment 768 #
Proposal for a directive
Article 16
Article 16
Amendment 775 #
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 796 #
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 transnational 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, per offence found to be committed, as well as the quality of the pre-determined criteria used for preselection of flights.
Amendment 800 #
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 Commissionmade public on a yearly basis.
Amendment 804 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 807 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
This Directive shall enter into force the twentieth day following that of its publication in the Official Journal of the European Union. This Directive shall only be valid for 5 years after the entry into force, after which it shall lose is legal effect. The Commission may present a revised proposal to the European Parliament and Council according to the Ordinary legislation procedure.
Amendment 815 #
Proposal for a directive
Annex 1 – point 8
Annex 1 – point 8
Amendment 821 #
Proposal for a directive
Annex 1 – point 12
Annex 1 – point 12