[ParlTrack]

Péter NIEDERMÜLLER, Miriam DALLI, Cécile Kashetu KYENGE, Tanja FAJON, Josef WEIDENHOLZER, Ana GOMES, Birgit SIPPEL

Proposal for a regulation
Recital 20

(20) The common identity repository (CIR) should therefore facilitate and assist in the correct identification of persons registered in the EES, the VIS, [the ETIAS], Eurodac and [the ECRIS- TCN system].deleted

2018/07/23
Committee: LIBE

Péter NIEDERMÜLLER, Miriam DALLI, Cécile Kashetu KYENGE, Tanja FAJON, Josef WEIDENHOLZER, Ana GOMES, Birgit SIPPEL

Proposal for a regulation
Article 1 – paragraph 2 – point c

~~(c) a common identity repository (CIR);~~deleted

2018/07/23
Committee: LIBE

Péter NIEDERMÜLLER, Miriam DALLI, Cécile Kashetu KYENGE, Tanja FAJON, Josef WEIDENHOLZER, Ana GOMES, Birgit SIPPEL

Proposal for a regulation
Article 5 – paragraph 1

This Regulation shall ensure respect of the fundamental rights and the observation of the principles recognized in the Charter of Fundamental Rights of the European Union and shall be applied in accordance with those rights and principles. Processing of personal data for the purposes of this Regulation shall not result, either directly or indirectly, in undue interference with the right to respect for private and family life and the right to protection of personal data. Processing of personal data for the purposes of this Regulation shall not result in discrimination against persons on any grounds such as sex, rac~~ial or ethnic origin, religion or belief~~e, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. It shall fully respect human dignity and integrity. Particular attention shall be paid to children, the elderly ~~and~~, persons with a disability and persons in need of international protection.

2018/07/23
Committee: LIBE

Péter NIEDERMÜLLER, Miriam DALLI, Cécile Kashetu KYENGE, Tanja FAJON, Josef WEIDENHOLZER, Ana GOMES, Birgit SIPPEL

Proposal for a regulation
Article 13

Data stored in the shared biometric 1. The shared BMS shall store the biometric templates that it shall obtain from the following biometric data: (a) the data referred to in Article 16(1)(d) and Article 17(1)(b) and (c) of Regulation (EU) 2017/2226; (b) the data referred to in Article 9(6) of Regulation (EC) No 767/2008; (c) 20(2)(w) and (x) of the Regulation on SIS in the field of border checks; (d) 20(3)(w) and (x) of the Regulation on SIS in the field of law enforcement; (e) 4(3)(t) and (u) of the Regulation on SIS in the field of illegal return]; (f) [the data referred to in Article 13(a) of the Eurodac Regulation;] (g) 5(1)(b) and Article 5(2) of the ECRIS- TCN Regulation.] 2. The shared BMS shall include in each biometric template a reference to the information systems in which the corresponding biometric data is stored. 3. entered in the shared BMS following an automated quality check of the biometric data added to one of the information systems performed by the shared BMS to ascertain the fulfilment of a minimum data quality standard. 4. in paragraph 1 shall meet the quality standards referred to in Article 37(2).Article 13 deleted matching service [the data referred to in Article the data referred to in Article the data referred to in Article [the data referred to in Article Biometric templates shall only be The storage of the data referred to

2018/07/23
Committee: LIBE

Péter NIEDERMÜLLER, Miriam DALLI, Cécile Kashetu KYENGE, Tanja FAJON, Josef WEIDENHOLZER, Ana GOMES, Birgit SIPPEL

Proposal for a regulation
Article 17

1. (CIR), creating an individual file for each person that is recorded in the EES, the VIS, [the ETIAS], Eurodac or [the ECRIS-TCN system] containing the data referred to in Article 18, is established for the purpose of facilitating and assisting the correct identification of persons registered in the EES, the VIS, [the ETIAS], the Eurodac and [the ECRIS- TCN system], of supporting the functioning of the multiple-identity detector and of facilitating and streamlining access by law enforcement authorities to non-law enforcement information systems at EU level, where necessary for the prevention, investigation, detection or prosecution of serious crime. 2. The CIR shall be composed of: (a) replace the central systems of respectively the EES, the VIS, [the ETIAS], Eurodac and [the ECRIS-TCN system] to the extent that it shall store the data referred to in Article 18; (b) a secure communication channel between the CIR, Member States and EU bodies that are entitled to use the European search portal (ESP) in accordance with Union law; (c) infrastructure between the CIR and the EES, [the ETIAS], the VIS, Eurodac and [the ECRIS-TCN system] as well as with the central infrastructures of the ESP, the shared BMS and the multiple-identity detector. 3. eu-LISA shall develop the CIR and ensure its technical management.Article 17 deleted Common identity repository A common identity repository a central infrastructure that shall a secure communication

2018/07/23
Committee: LIBE

Péter NIEDERMÜLLER, Miriam DALLI, Cécile Kashetu KYENGE, Tanja FAJON, Josef WEIDENHOLZER, Ana GOMES, Birgit SIPPEL

Proposal for a regulation
Article 18

1. data – logically separated – according to the information system from which the data was originated: (a) 16(1)(a) to (d) and Article 17(1)(a) to (c) of the EES Regulation]; (b) 9(4)(a) to (c), (5) and (6) of Regulation (EC) No 767/2008; (c) 15(2)(a) to (e) of the [ETIAS Regulation;] (d) (e) 2. paragraph 1, the CIR shall include a reference to the information systems to which the data belongs. 3. in paragraph 1 shall meet the quality standards referred to in Article 37(2).Article 18 deleted The common identity repository data The CIR shall store the following the data referred to in [Article the data referred to in Article [the data referred to in Article – (not applicable) – (not applicable) For each set of data referred to in The storage of the data referred to

2018/07/23
Committee: LIBE

Péter NIEDERMÜLLER, Miriam DALLI, Cécile Kashetu KYENGE, Tanja FAJON, Josef WEIDENHOLZER, Ana GOMES, Birgit SIPPEL

Proposal for a regulation
Article 19

A~~dding, amending and deleting data in~~rticle 1.9 deleted in the EES, the VIS and [the ETIAS], the data referred to in Article 18 stored in the individual file of the CIR shall be added, amended or deleted accordingly in an automated manner. 2. detector creates a white or red link in accordance with Articles 32 and 33 between the data of two or more of the EU information systems constituting the CIR, instead of creating a new individual file, the CIR shall add the new data to the individual file of the linked data.common identity repository Where data is added, amended or Where the multiple-identity

2018/07/23
Committee: LIBE

Péter NIEDERMÜLLER, Miriam DALLI, Cécile Kashetu KYENGE, Tanja FAJON, Josef WEIDENHOLZER, Ana GOMES, Birgit SIPPEL

Proposal for a regulation
Article 22 – paragraph 1

1. ~~For the purposes of~~Where there are reasonable grounds to believe that consultation of EU information systems will substantially contribute to the preventiong, detecti~~ng and~~on or investigatingon of terrorist of~~fences or~~ other serious criminal offences, in ~~a specific case and in order~~ particular where there is a substantiated suspicion that the suspect, perpetrator o~~btain information on whether data on a specific person is present~~r victim of a terrorist offence or other serious criminal offence falls under the category of third-country nationals whose data are stored in [the EES], the VIS ~~and~~ , [the ETIAS] or the ~~Member State designated authorities and Europol may consult the CIR~~Eurodac system, and where a prior search in national databases has been carried out and a query of the automated fingerprint identification system of the other Member States under Decision 2008/615/JHA has been launched, the Member States designated authorities and Europol may use the ESP and the shared BMS in order to obtain information on whether data on a specific person is present in the EES, the VIS and [the ETIAS].

2018/07/23
Committee: LIBE

Péter NIEDERMÜLLER, Josef WEIDENHOLZER, Tanja FAJON, Birgit SIPPEL, Ana GOMES, Emilian PAVEL, Monika BEŇOVÁ

Proposal for a regulation
Article 47 – paragraph 1 a (new)

1a. Without prejudice to paragraph 1, and in order to facilitate and better enable the effective exercise of the rights of data subjects as described in paragraph 1 to access, rectify, erase or restrict the processing of their personal data under interoperability components, in particular for those third country nationals who may be outside the territory of the Member States, eu-LISA shall establish a web service, hosted in its technical site, which shall enable data subjects to make a request for access, correction, erasure or rectification of their personal data. The web service shall act as a single point of contact for those third country nationals outside the territory of the Member States. On the basis of such a request, the web service shall immediately transmit the request to the Member State responsible for manual verification of different identities in accordance with Article 29, or, where appropriate, to the Member State responsible for the entry of the data in the underlying information system which is the subject of the request.

2018/07/23
Committee: LIBE

Péter NIEDERMÜLLER, Josef WEIDENHOLZER, Tanja FAJON, Birgit SIPPEL, Ana GOMES, Emilian PAVEL, Monika BEŇOVÁ

Proposal for a regulation
Article 47 a (new)

Article 47 a Liability Without prejudice to the right to compensation from, and liability under Regulation (EU) 2016/679, Directive (EU) 2016/680 and Regulation (EC) No 45/2001: (a) any person who has suffered material or non-material damage as a result of an unlawful personal data processing operation through the use of interoperability components or any other act by a Member State which is incompatible with this Regulation shall be entitled to receive compensation from that Member State; (b) any person who has suffered material or non-material damage as a result of an unlawful personal data processing operation through the use of interoperability components or any other act by Europol or by the European Border and Coast Guard Agency which is incompatible with this Regulation shall be entitled to receive compensation from Europol or the European Border and Coast Guard as appropriate. The Member State, Europol or the European Border and Coast Guard Agency shall be exempted from liability, in whole or in part, if they prove that they are not responsible for the event which gave rise to the damage.

2018/07/23
Committee: LIBE

Péter NIEDERMÜLLER, Josef WEIDENHOLZER, Tanja FAJON, Birgit SIPPEL, Ana GOMES, Emilian PAVEL, Monika BEŇOVÁ

Proposal for a regulation
Article 47 b (new)

Article 47 b Penalties Member States shall ensure that any misuse of data, processing of data or exchange of data contrary to this Regulation is punishable in accordance with national law. The penalties provided shall be effective, proportionate and dissuasive and shall include the possibility for administrative and criminal penalties. Europol and the European Border and Coast Guard Agency shall ensure that members of their staff or members of their teams who misuse, process or exchange data contrary to this Regulation are subject to penalties. Those penalties shall be effective, proportionate and dissuasive.

2018/07/23
Committee: LIBE

Péter NIEDERMÜLLER, Miriam DALLI, Cécile Kashetu KYENGE, Tanja FAJON, Josef WEIDENHOLZER, Ana GOMES, Birgit SIPPEL

Proposal for a regulation
Article 50 – paragraph 1

The European Data Protection Supervisor shall ensure that an audit of eu-LISA’s personal data processing activities is carried out in accordance with relevant international auditing standards at least every four years. A report of that audit shall be sent to the European Parliament, the Council, eu-LISA, the Commission and the Member States. eu-LISA shall be given an opportunity to make comments before the reports are adopted. The EU Budgetary Authority shall ensure that the European Data Protection Supervisor has sufficient additional resources, including both human and financial resources, to fulfil the tasks entrusted to it under this Regulation.

2018/07/23
Committee: LIBE

Péter NIEDERMÜLLER, Miriam DALLI, Cécile Kashetu KYENGE, Tanja FAJON, Josef WEIDENHOLZER, Ana GOMES, Birgit SIPPEL

Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 4

The development shall consist of the elaboration and implementation of the technical specifications, testing and overall project coordination. In that regard, the tasks of eu-LISA shall also be: (a) perform a security risk assessment; (b) follow the principles of privacy by design and by default during the entire lifecycle of the development of the interoperability components; and (c) conduct a security risk assessment regarding the interoperability of EU information systems, interoperability components, Europol data and Interpol databases.

2018/07/23
Committee: LIBE

13 Amendments of Birgit SIPPEL related to 2017/0351(COD)

ParlTrack - 2011-2024