Activities of Marie-Christine VERGIAT related to 2016/0409(COD)
Shadow reports (1)
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Amendments (55)
Amendment 184 #
Proposal for a regulation
Recital 16
Recital 16
(16) Member States should make the necessary technical arrangement so that each time the end-users are entitled to carry out a search in a national police or immigration database they also search SIS in parallel in accordance with Article 4 of Directive (EU) 2016/680 of the European Parliament and of the Council45. This should ensure that SIS functions as the main compensatory measure in the area without internal border controls and better address the cross-border dimension of criminality and the mobility of criminals. _________________ 45 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data and repealing Council Framework Decision 2008/977/JHA, OJ L 119, 4.5.2016 (OJ L 119, 4.5.2016, p. 89).
Amendment 187 #
Proposal for a regulation
Recital 17
Recital 17
(17) This Regulation should set out the conditions for use of dactylographic data and facial images for identification purposes. The use of facial images for identification purposes in SIS should also help to ensure consistency in border control procedures where the identification and the verification of identity are required by the use of fingerprints and facial images. Searching with dactylographic data should be mandatory if there is any doubt concerning the identity of a person. Facial images for identification purposes should only be used in the context of regular border controls in self-service kiosks and electronic gates.
Amendment 190 #
Proposal for a regulation
Recital 18
Recital 18
Amendment 198 #
Proposal for a regulation
Recital 20
Recital 20
Amendment 221 #
Proposal for a regulation
Recital 29
Recital 29
(29) Alerts should not be kept in SIS longer than the time required to fulfil the purposes for which they were issued. In order to reduce the administrative burden on the different authorities involved in processing data on individuals for different purposes, it is appropriate to align the retention period of alerts on persons with the retention periods envisaged for return and illegal stay purposes. Moreover, Member States regularly extend the expiry date of alerts on persons if the required action could not be taken within the original time period. Therefore, the retention period for alerts on persons should be a maximum of fivthree years. Under the general principle, alerts on persons should be automatically deleted from SIS after a period of five years, except those entered for the purpose of a discreet, specific or investigative check, which must be deleted after a year. Alerts on objects for the purpose of discreet, investigative or specific checks should be automatically deleted from SIS after a year, as they are still linked to persons. Alerts on objects for seizure or use as evidence in criminal proceedings should be automatically deleted from SIS after a period of five years, as after such a period the likelihood of finding them is very low and their economic value is significantly diminished. Alerts on issued and blank identification documents should be kept for 10 years, as the validity period of documents is 10 years at the time of issuance. Decisions to keep alerts on persons should be based on a comprehensive individual assessment. Member States should review alerts on persons within the defined period and keep statistics about the number of alerts on persons for which the retention period has been extended.
Amendment 242 #
Proposal for a regulation
Recital 46
Recital 46
Amendment 245 #
Proposal for a regulation
Recital 47
Recital 47
Amendment 262 #
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
Amendment 264 #
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) ‘serious crime’ means offences listed in Article 2(1) and (2) of Framework Decision 2002/584/JHA of 13 June 200271 ; _________________ 71 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member State (OJ L 190, 18.7.2002, p. 1).
Amendment 315 #
Proposal for a regulation
Article 20 – paragraph 3 – point x
Article 20 – paragraph 3 – point x
Amendment 318 #
Proposal for a regulation
Article 20 – paragraph 3 – point y
Article 20 – paragraph 3 – point y
(y) dactylographic datafingerprints;
Amendment 327 #
Proposal for a regulation
Article 22 – title
Article 22 – title
Specific rules for entering photographs, facial images, dactylographic data and DNA profile and fingerprints
Amendment 328 #
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. The entering into SIS of data referred to in Article 20(3)(w), (x) and (y) shall be subject to the following provisions:
Amendment 330 #
(a) Photographs, facial images, dactylographic data and DNA profile and fingerprints shall only be entered following a quality check to ascertain the fulfilment of a minimum data quality standard.
Amendment 333 #
Proposal for a regulation
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
Amendment 344 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. An alert on a person may not be entered without the data referred to in Article 20(3)(a), (gb), (g), (h), (i), (k), (m), (n) as well as, where applicable, (p), except for in the situations referred to in Article 40.
Amendment 386 #
Proposal for a regulation
Chapter 9 – title
Chapter 9 – title
ALERTS ON PERSONS AND OBJECTS FOR DISCREET CHECKS, INQUIRY CHECKS OR AND SPECIFIC CHECKS
Amendment 392 #
Proposal for a regulation
Article 36 – paragraph 2 – point a
Article 36 – paragraph 2 – point a
(a) where there is a cleartangible indication that a person intends to commit or is committing a serious crime, in particular the offences referred to in Article 2(2) of the Framework Decision 2002/584/JHA;
Amendment 400 #
Proposal for a regulation
Article 37 – paragraph 1 – introductory part
Article 37 – paragraph 1 – introductory part
1. For the purposes of discreet checks, inquiry checks or specific checks, all or some of the following information shall be collected and communicated to the authority issuing the alert when border control checks, police and customs checks or other law enforcement activities are carried out within a Member State:
Amendment 410 #
Proposal for a regulation
Chapter 11 – title
Chapter 11 – title
ALERTS ON UNKNOWN WANTED PERSONS FOR IDENTIFICATION ACCORDING TO NATIONAL LAW AND SEARCH WITH BIOMETRIC DATA
Amendment 411 #
Proposal for a regulation
Article 40
Article 40
Alerts on unknown wanted person for apprehension under national law Dactylographic data may be entered in SIS, not related to persons who are subject of the alerts. These dactylographic data shall be either complete or incomplete sets of fingerprints or palm prints discovered at the scenes of crimes under investigation, of serious crime and terrorist offence and where it can be established to a high degree of probability that they belong to the perpetrator of the offence. The dactylographic data in this category shall be stored as “unknown suspect or wanted person” provided that the competent authorities cannot establish the identity of the person by using any other national, European or international database.rticle 40 deleted
Amendment 419 #
Proposal for a regulation
Article 41
Article 41
Amendment 424 #
Proposal for a regulation
Article 42 – title
Article 42 – title
Specific rules for verification or search with photographs, facial images, dactylographic data and DNA profile and prints
Amendment 430 #
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Photographs, facial images, dactylographic data and DNA profile and fingerprints shall be retrieved from SIS to verify the identity of a person who has been located as a result of an alphanumeric search made in SIS.
Amendment 434 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. Dactylographic dataFingerprints may also be used to identify a person. Dactylographic dataFingerprints stored in SIS shall be searched for identification purposes if the identity of the person cannot be ascertained by other means.
Amendment 435 #
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
Amendment 444 #
Proposal for a regulation
Article 43 – paragraph 1 – point c
Article 43 – paragraph 1 – point c
(c) other law enforcement activities carried out for the prevention, detection and investigation of serious criminal offences within the Member State concerned;
Amendment 445 #
Proposal for a regulation
Article 43 – paragraph 1 – point d
Article 43 – paragraph 1 – point d
Amendment 458 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. The European Union Agency for Law Enforcement Cooperation (Europol) shall have, within its mandate, the right, in accordance with Articles 26, 96 and 38, to access and search data entered into SIS.
Amendment 463 #
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
3. The use of information obtained from a search in the SIS is subject to the consent of the Member State concerned. If the Member State allows the use of such information, the handling thereof by Europol shall be governed by Regulation (EU) 2016/794. Europol may onlynot communicate such information to third countries and third bodies with the consent of the Member State concerned.
Amendment 465 #
Proposal for a regulation
Article 46 – paragraph 5 – point -a (new)
Article 46 – paragraph 5 – point -a (new)
(-a) a) log every instance of access and every search made along with every use made of the data accessed, in accordance with the provisions of Article 12;
Amendment 468 #
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. The national members of Eurojust and their assistants shall, within their mandate, have the right to access and search data entered in SIS within their mandateII, in accordance with Articles 26, 32, 34 38 and 40.38
Amendment 470 #
Proposal for a regulation
Article 48
Article 48
Amendment 477 #
Proposal for a regulation
Article 49
Article 49
Amendment 492 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. A Member State issuing an alert shall, within fivthree years of its entry into SIS, review the need to retain it. Alerts issued for the purposes of Article 36 of this Regulation shall be kept for a maximum period of one year.
Amendment 517 #
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. The Member States may process the data referred to in Article 20 only for the purposes laid down for each category of alert referred to in Articles 26, 32, 34, 36, 38 and 4038.
Amendment 520 #
Proposal for a regulation
Article 53 – paragraph 6
Article 53 – paragraph 6
6. With regard to the alerts laid down in Articles 26, 32, 34, 36, 38 and 4038 of this Regulation, any processing of information contained therein for purposes other than those for which it was entered in SIS has to be linked with a specific case and justified by the need to prevent an imminent serious threat to public policy and public security, on serious grounds of national security or for the purposes of preventing a serious crime. Prior authorisation from the Member State issuing the alert shall be obtained for this purpose.
Amendment 521 #
Proposal for a regulation
Article 53 – paragraph 6 a (new)
Article 53 – paragraph 6 a (new)
6a. 7(new). Data may not be used for administrative purposes.
Amendment 523 #
Proposal for a regulation
Article 53 – paragraph 7
Article 53 – paragraph 7
7. Any use of data which does not comply with paragraphs 1 to 67 shall be considered as misuse under the national law of each Member State.
Amendment 524 #
Proposal for a regulation
Article 53 – paragraph 8
Article 53 – paragraph 8
8. Each Member State shall send, to the Agency and the European Data Protection Supervisor, a list of its competent authorities which are authorised to search directly the data contained in SIS pursuant to this Regulation, as well as any changes to the list. The list shall specify, for each authority, which data it may search and for what purposes. The Agency shall ensure the annual publication of the list in the Official Journal of the European Union.
Amendment 531 #
Proposal for a regulation
Article 56 – paragraph 3
Article 56 – paragraph 3
3. Where a Member State other than that which issued an alert has evidence suggesting that an item of data is factually incorrect or has been unlawfully stored, it shall, through the exchange of supplementary information, inform the issuing Member State at the earliest opportunity and not later than 10two days after the said evidence has come to its attention. The issuing Member State shall check the communication and, if necessary, correct or delete the item in question without delay.
Amendment 535 #
Proposal for a regulation
Article 56 – paragraph 4
Article 56 – paragraph 4
4. WhereIf the Member States are unable to reach agreement within two months of the time when the evidence first came to light, as described in paragraph 3, the Member State which did not issue the alert shall submit the matter to the European Data Protection Supervisor who shall, jointly with the national supervisory authorities concerned for a decision, act as mediator.
Amendment 539 #
Proposal for a regulation
Article 57 – paragraph 4
Article 57 – paragraph 4
4. Information regarding a security incident that has or may have an impact on the operation of SIS in a Member State or within the Agency or on the availability, integrity and confidentiality of the data entered or sent by other Member States shall be given to the European Data Protection Supervisor and to the Member States and reported in compliance with the incident management plan provided by the Agency.
Amendment 557 #
Proposal for a regulation
Article 65 – paragraph 5
Article 65 – paragraph 5
5. Any person, whether on EU territory or not, has the right to have factually inaccurate data relating to him rectified or unlawfully stored data relating to him erased.
Amendment 560 #
Proposal for a regulation
Article 66 – paragraph 1
Article 66 – paragraph 1
1. Any person, whether on EU territory or not, may bring an action before the courts or the authority competent under the law of any Member State to access, rectify, erase or obtain information or to obtain compensation in connection with an alert relating to him.
Amendment 567 #
Proposal for a regulation
Article 67 – paragraph 2
Article 67 – paragraph 2
2. The national supervisory authority shall ensure that an audit of the data processing operations in its N.SIS is carried out in accordance with international auditing standards at least every four years. The audit shall either be carried out by the national supervisory authority, or the national supervisory authority(ies) shall directly order the audit from an independent data protection auditor. The national supervisory authority shall at all times retain control over and undertake the responsibilities of the independent auditortwo years.
Amendment 568 #
Proposal for a regulation
Article 68 – title
Article 68 – title
Supervision of the Agency and other European agencies
Amendment 570 #
Proposal for a regulation
Article 68 – paragraph 1
Article 68 – paragraph 1
1. The European Data Protection Supervisor shall ensure that the personal data processing activities of the Agency, and any other European agency, are carried out in accordance with this Regulation. The duties and powers referred to in Articles 46 and 47 of Regulation (EC) No 45/2001 shall apply accordingly.
Amendment 571 #
Proposal for a regulation
Article 68 – paragraph 2
Article 68 – paragraph 2
2. The European Data Protection Supervisor shall ensure that an audit of the Agency's personal data processing activities, and those of other European agencies, is carried out in accordance with international auditing standards at least every fourtwo years. A report on that audit shall be sent to the European Parliament, the Council, the Agency, the Commission and the National Supervisory Authorities. The Agency shall be given an opportunity to make comments before the report is adopted.
Amendment 574 #
Proposal for a regulation
Article 69 – paragraph 2 a (new)
Article 69 – paragraph 2 a (new)
2a. The Commission shall ensure that the European Data Protection Supervisor has the requisite resources to fulfil the tasks entrusted to him under this Regulation.
Amendment 576 #
Proposal for a regulation
Article 69 – paragraph 3 a (new)
Article 69 – paragraph 3 a (new)
3a. Member States shall ensure that any misuse of data entered in SIS II or any exchange of supplementary information contrary to this Decision is subject to effective, proportionate and dissuasive penalties in accordance with national law.
Amendment 584 #
Proposal for a regulation
Article 71 – paragraph 5
Article 71 – paragraph 5
5. The Agency shall provide the Member States, the Commission, the European Parliament, the European Data Protection Supervisor, Europol, Eurojust and the European Border and Coast Guard Agency with any statistical reports that it produces. In order to monitor the implementation of legal acts of the Union, the Commission shall be able to request the Agency to provide additional specific statistical reports, either regular or ad hoc, on the performance or use of SIS and SIRENE communication.
Amendment 586 #
Proposal for a regulation
Article 71 – paragraph 6 – subparagraph 1
Article 71 – paragraph 6 – subparagraph 1
For the purpose of paragraphs 3, 4 and 5 of this Article and of Article 15(5), the Agency shall establish, implement and host a central repository in its technical sites containing the data referred to in paragraph 3 of this Article and in Article 15(5) which shall not allow for the identification of individuals and shall allow the Commission and the agencies referred to in paragraph 5 to obtain bespoke reports and statistics. The Agency shall grant, in response to their request, give access to Member States, the Commission, the European Data Protection Supervisor, Europol, Eurojust and the European Border and Coast Guard Agency to the central repository by means of secured access through the Communication Infrastructure with control of access and specific user profilesspecific elements and information solely for the purpose of reporting and statistics.
Amendment 588 #
Proposal for a regulation
Article 71 – paragraph 7
Article 71 – paragraph 7
7. TwoOne years after SIS is brought into operation and every two years thereafter, the Agency shall submit to the European Parliament and the Council a report on the technical functioning of Central SIS and the Communication Infrastructure, including the security thereof, and the bilateral and multilateral exchange of supplementary information between Member States.
Amendment 590 #
Proposal for a regulation
Article 71 – paragraph 8
Article 71 – paragraph 8
8. ThreOne years after SIS is brought into operation and every fourtwo years thereafter, the Commission shall produce an overall evaluation of Central SIS and the bilateral and multilateral exchange of supplementary information between Member States. That overall evaluation shall take into account the opinion of the European Data Protection Supervisor, include an examination of results achieved against objectives, and an assessment of the continuing validity of the underlying rationale, the application of this Regulation in respect of Central SIS, the security of Central SIS and any implications for future operations. The Commission shall transmit the evaluation to the European Parliament, the Agency for Fundamental Rights and the Council.