22 Amendments of Birgit SIPPEL related to 2022/2025(INI)
Amendment 5 #
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— Having regard to the EDPS Opinion 8/2021 on the Recommendation for a Council decision authorising the opening of the negotiations for a cooperation agreement between the EU and the Interpol,
Amendment 14 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas no fundamental rights impact assessment on the Commission Recommendation was made, thereby leaving questions regarding the necessity and proportionality of each envisaged measure, as well as the legal feasibility of governing them all in a single, horizontal instrument;
Amendment 15 #
Motion for a resolution
Recital B
Recital B
B. whereas international cooperation is a mainn important component of effective law enforcement and judicial cooperation, especially if it in certain types of crime, involvesing the processing and sharing of personal data; whereas bilateralthe legality of processing of personal data is governed by the Union data protection acquis, that also govern the bilateral personal data exchange agreements with key partners, which play an important role in obtaining information and potential evidence from beyond the EU;
Amendment 38 #
Motion for a resolution
Recital H
Recital H
H. whereas the new agreement should establish a modern and coherent framework for the EU’s agencies’ cooperation with Interpol, taking into account, on top of the general requirements of complying with the Charter and the Union acquis on protection of personal data, the specific data protection requirements and safeguards in the basic acts establishing the EU agencies of IT systems, as well as the latest developments in combating terrorism and cross-border, transnational, serious and organised crime; whereas the agreement should respond to current operational needs, as well as to the EU’s latest data protection regime and provide the legal basis for the exchange of operational information and access to relevant Interpol databases, with the condition that it would be legally binding and enforceable against all parties to the agreement and that it includes all the necessary data protection safeguards;
Amendment 43 #
Motion for a resolution
Recital I
Recital I
I. whereas interoperability has been a priority since at least, May 2019, when the framework for interoperabilityframework between EU information systems in the area of justice and home affairs was adopted; whereas an advanced and shared data infrastructure is currently in place in the EU for police and judicial cooperation, asylum and migration, as well as borders and visa; whereas this advanced and shared data infrastructure, and the systems and EU databases that constitute it,data infrastructure allows for verya limited and highly regulated information sharing with third countries or international organisations;
Amendment 55 #
Motion for a resolution
Recital K
Recital K
K. whereas international organisations continue to report abuses by some states of Interpol’s notice system in order to persecute national human rights defenders, civil society activists, members of the opposition and journalists in violation of international standards on human rights; whereas according to reports by international actors, Interpol has significantly reformed and strengthened its rthere are significant challenges with the mechanisms to update information regarding Red nNotices review processes, as well as its support systems for national central bureaus in member countries, reformed the setup and functioning of the Commission for the Control of Files, enforcing its complaints mechanism, appointed a data protection officer and implemented a learning and knowledge-sharing programmeand Diffusions, as they sometimes remain in effect in national databases despite having been updated and removed by the General Secretariat of Interpol; whereas both written sources and interviews with governmental and non-governmental organisations suggest that Interpol’s vetting process remains inconsistent;
Amendment 57 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
Amendment 71 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that European values and fundamental rights must be the basis of all European policing and security policies, ensuring respect for the principles of necessity, proportionality and, legality and the presumption of innocence, and safeguarding accountability and judicial redress, while enabling effective protection of individuals, particularly the most vulnerable; recalls, further, that these principles should be at the core of the development of digitalisation in the area of justice and security and the development of the interoperability framework for the many systems in justice and security, including borders;
Amendment 73 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Underlines the absolute necessity for the agreement with Interpol to be based on the full respect of the Charter, the horizontal European data protection legislation, and the specific data protection requirements and safeguards codified in the basic acts establishing the EU agencies and IT systems; further requires, that none of the provisions of the agreement do not lead to the weakening of the fundamental rights and freedoms of natural persons, especially their right to privacy and protection of personal data;
Amendment 77 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Underlines further that the agreement explicitly clarifies that there will be no reciprocal direct or indirect access of Interpol to EU databases.
Amendment 83 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recommends that the Commission ensure access to Interpol’s different databases on the basis of the needs and strictly according to the scope of competences of the different EU agencies; recalls that whilst Interpol’s databases contain millions of records with information that could directpotentially help to combat appalling crimes, such as child sexual exploitation, on which Interpol’s database holds more than 2.7 million images and videos and of whichthere are well documented problems with the accuracy, reliability and origin of the database has helped identify 23 564 victims worldwide within those databases;
Amendment 95 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recommends special vigilance during the negotiations due to the sensitivity of the data concerned and to theto be placed on the sensitivity of the personal data included in the various databases, and to the fact that a number of third countries that are members of Interpol, which are not partyies to an equivalenty agreement with the EU or whose authorities to which personal data is intended to be transferredn exchange of personal data, or whose authorities are not covered by a Commission adequacy decision;
Amendment 96 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Is seriously concerned about the accusations against Interpol president, Ahmed Nasser Al-Raisi, who is the subject of several complaints, and is accused of torture; notes with concern that a judicial investigation was opened against him at the end of March 2022 in Paris for "complicity in torture" after the complaint of two British citizens; recommends to the Commission to take these accusations into consideration when negotiating any cooperation agreement with Interpol;
Amendment 98 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recommends the adoption of theat Commission introduces robust safeguards and guarantees needed to ensure compliance with EU data protection requirements and fundamental rights, in order to authorise the European Travel Information and Authorisation System (ETIAS) Central Unit established within Frontex and EU Member States to access Interpol’s SLTD and TDAWN databases via the ESP, as well as of the safeguards and guarantees needed to efficiently implement the revised Visa Information System Regulation that authorises EU Member States to access Interpol’s SLTD and TDAWN databases via the ESP when examining applications for visas or residence permits, in full compliance with EU data protection requirements and with fundamental rights;
Amendment 101 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recommends clearly stating which databases should be accessed and for which purposes according to the differing access rights of officers of each EU agency.
Amendment 104 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recommendquests that the Commission ensure that the level of personal data protection and the protection of individuals’ fundamental rights and freedoms, currently guaranteed under EU primary and secondary law, is maintained in exchanges of personal data with Interpol; the Commission’s negotiation strategy should not lead to a weakening of the fundamental rights and freedoms of natural persons, and in particular of their rights to data protection and to privacy;
Amendment 110 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recommends that the Commission guarantee that the transfer of personal data from Interpol is adequate, relevant and strictly limited to what is necessary for the purpose for which it has been transferred and that all necessary safeguards are in place;
Amendment 115 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls on the Commission to include further provisions on the necessity for the Interpol to immediately notify the EU and Member States, and, wherever necessary, data subjects, in the event of a personal data breach;
Amendment 116 #
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 145 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls that according to the EU’s current legislative frameworkdata protection acquis of the EU, the transfer of personal data from the EU to third countries and international organisations is allowed only if the recipients of this information are able to guarantee an adequateessentially equivalent level of personal data protection; recommends in this context that in the absence of an adequacy decision on Interpol, the agreement should constitute the legal basis allowing the transfer of personal data to Interpol, provided that it is legally binding and enforceable against all parties to the agreement and that it includes appropriate data protection safeguards;
Amendment 194 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. RecommendsDemands that the agreement providinges for the possibility of suspending or terminating the agreement in cases of any breaches of its provisions on personal data by one of the parties, specifying that personal data falling within the scope of the agreement, transferred prior to its suspension or termination, may continue to be processed in accordance with the terms of the agreement;
Amendment 197 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Recommends, as was confirmed by the CJEU, in its decision on the Draft agreement between Canada and the European Union on the Transfer of Passenger Name Record data from the European Union to Canada, that the citations of the agreement also include the relevant substantive legal basis, especially Article 16 TEU;