38 Amendments of Sylvie GUILLAUME related to 2011/0023(COD)
Amendment 73 #
Proposal for a directive
Recital 5
Recital 5
(5) PNR data are necessarycan contribute to effectively preventing, detecting, investigateing and prosecuteing terrorist offences and serious crime and thus; they are one of the tools which can be used to enhance internal security.
Amendment 82 #
Proposal for a directive
Recital 6
Recital 6
(6) PNR data may help law enforcement authorities prevent, detect, investigate and prosecute serious 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 90 #
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 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 uUsing PNR data may help law enforcement authorities canto address the threat of serious 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 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 131 #
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 listed in the Annex to this Directive 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 citizepersons, notably privacy and the protection of personal data. Such lists should not contain any personal data that could reveal racial 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 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 182 #
Proposal for a directive
Recital 25
Recital 25
(25) Taking into account the right of passengers to be informed of the processing of their personal data, Member States should ensure they are provided with clear, accurate information in writing about the collection of PNR data and their transfer to the Passenger Information Unit.
Amendment 197 #
Proposal for a directive
Recital 28
Recital 28
Amendment 248 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
a) ‘air carrier or non-carrier economic operator’ means an air transport undertaking with a valid operating licence or equivalent permitting it to carry out carriage by air of passengers;
Amendment 265 #
Proposal for a directive
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
f)‘push method’ means the method whereby air carriers transfer the requirir collected PNR data listed in the Annex to this Directive into the database of the authority requesting them;
Amendment 312 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Given the sensitive nature of the processing to be carried out by the Passenger Information Units, each Member State shall ensure that they have the resources required, including a sufficient number of competent staff, to perform their tasks in accordance with this Directive. All the staff of Passenger Information Units who have access to PNR data shall receive specific training in how to process such data in accordance with fundamental rights and data protection principles.
Amendment 325 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Member States shall ensure, in accordance with their national law, that deterrent, effective and proportionate penalties are imposed on members of the staff of Passenger Information Units who breach the provisions of this Directive.
Amendment 327 #
Proposal for a directive
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
Article 3a Data Protection Officer in the Passenger Information Unit 1. Member States shall stipulate that the head of the public authority which is responsible for the Passenger Information Unit shall appoint a Data Protection Officer in the unit. He/she shall be selected on the basis of his/her personal and professional qualities, in particular his/her detailed familiarity with data protection issues. 2. The Data Protection Officer shall be responsible for the in-house supervision of the processing of personal data by the Passenger Information Unit. In particular, the Data Protection Officer shall carry out spot checks on data processing in the Passenger Information Unit with a view to guaranteeing compliance with the relevant rules and procedures, including data protection safeguards. 3. Member States shall stipulate that the Data Protection Officer is properly consulted in good time on all matters relating to the protection of personal data in the Passenger Information Unit. 4. Member States shall ensure that the Data Protection Officer has the resources he/she needs to carry out his/her duties effectively and independently. 5. The Data Protection Officer shall serve as a contact person in respect of all matters relating to PNR data processing for passengers whose data is being processed.
Amendment 348 #
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 process PNR data against pre-determined criteria. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated meansa member of the Passenger Information Unit in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 356 #
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) 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 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 compare PNR data against relevant databases, for the purpose of the prevention and detection of terrorist offences and serious crimes and the investigation and prosecution thereof, including international or national databases or national mirrors of Union databases, where they are established on the basis of Union law, on persons or objects sought or under alert, in accordance with Union, international and national rules applicable to such fildatabases. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated meansa member of the staff of the Passenger Information Unit in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 380 #
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. These assessment criteria shall be targeted, specific, justified, proportional and fact- based. 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 5and regularly re-evaluated with the involvement of the Data Protection Officer, in cooperation with the competent authorities referred to in Article 5. This re-evaluation shall ensure that the assessment criteria remain targeted, specific, justified, proportional and fact-based. The assessment criteria shall in no circumstances be based on a person’s race or ethnic origin, religious or philosophical belief, political opinion, trade union membership, health or sexual life.
Amendment 399 #
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. The Data Protection Officer shall have access to all the data provided by the Passenger Information Unit to a competent authority in accordance with paragraph 4. Should that Officer consider it illegitimate to have provided certain information, they shall refer the matter to the national supervisory authority referred to in Article 12, which may require the competent authority to delete the data concerned.
Amendment 473 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. On a case-by-case basis, upon request from a Passenger Information Unit in accordance with national law, air carriers shall transfer PNR data where access earlier than that mentioned in point (a) of paragraph 2 is necessary to assist in responding to a specific and actual, genuine and imminent threat related to terrorist offences or serious crime.
Amendment 496 #
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 listed in the annex, as deemed necessary by the requesting Passenger Information Unit for a specific case of prevention, detection, investigation or prosecution of terrorist offences or serious crime. Passenger Information Units shall provide the requested data as soon as practicable and shall provide also the result of the processing of PNR data, if it has already been prepared pursuant to Article 4(2)(a) and (b).
Amendment 513 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Only in those cases where it is necessary for the prevention of an immediate and serious specific, genuine and imminent threat to public security may the competent authorities of a Member State request directly 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 (2). Such requests shall relate to a specific investigation or prosecution of terrorist offences or serious crime and shall be reasoned. Passenger Information Units shall respond to such requests as a matter of priority. In all other cases the competent authorities shall channel their requests through the Passenger Information Unit of their own Member State.
Amendment 522 #
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, genuine and imminent threat related to terrorist offences or serious 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 527 #
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Exchange of information under this Article may take place using any existing channels for international law enforcement cooperationthe Secure Information Exchange Network Application provided by Europol. The language used for the request and the exchange of information shall be the one applicable to the channel usedSecure Information Exchange Network provided by Europol. When exchanging information in accordance with this Article, Member States shall provide Europol with a copy of the exchange of information, in so far as Europol needs that information in order to fulfil its objectives under Council Decision 2009/371/JHA. Member States shall, when making their notifications in accordance with Article 3(3), also inform the Commission with details of the contacts to which requests may be sent in cases of urgency. The Commission shall communicate to the Member States the notifications received.
Amendment 541 #
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Amendment 555 #
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
a) the following conditions laid down in Article 13 of Council Framework Decision 2008/977/JHA are fulfilled; are met: - it is necessary for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties; - the receiving authority in the third State or receiving international organisation is responsible for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties; - the Member State from which the data were obtained has given its consent to transfer in compliance with its national law; and - the third State or international organisation concerned ensures an adequate level of protection for the intended data processing.
Amendment 560 #
Proposal for a directive
Article 8 – paragraph 1 – point a a (new)
Article 8 – paragraph 1 – point a a (new)
aa) transfer without prior consent in accordance with paragraph 1(a) shall be permissible only if transfer of the data is essential for the prevention of an immediate and serious threat to public security of a Member State or a third State or to essential interests of a Member State and the prior consent cannot be obtained in good time. The authority responsible fo giving consent shall be informed without delay.
Amendment 563 #
Proposal for a directive
Article 8 – paragraph 1 – point a b (new)
Article 8 – paragraph 1 – point a b (new)
ab) the adequacy of the level of protection referred to in paragraph 1 shall be assessed in the light of all the circumstances surrounding a data transfer operation or a set of data transfer operations. Particular consideration shall be given to the nature of the data, the purpose and duration of the proposed processing operation or operations, the State of origin and the State or international body of final destination of the data, the rules of law, both general and sectoral, in force in the third State or international body in question and the professional rules and security measures which apply.
Amendment 570 #
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
b) the transfer is strictly necessary for the purposes of this Directive specified in Article 1(2), and
Amendment 584 #
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
c) the third country agrees in writing 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 587 #
Proposal for a directive
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
ca) a court or independent administrative authority shall verify, in a timely manner, that all the conditions set out in paragraphs (a), (b) and (c) are fulfilled.
Amendment 630 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Upon expiry of the period of 30 days after the transfer of the PNR data to the Passenger Information Unit referred to in paragraph 1, the data shall be retained at the Passenger Information Unit for a further period of five years. During this period, all data elements which could serve to identify the passenger to whom PNR data relate shall be masked out. Such anonymised PNR data shall be accessible only to a limited number of personnel of the Passenger Information Unit specifically authorised to carry out analysis of PNR data and develop assessment criteria according to Article 4(2)(d). Access to the full PNR data shall be permitted only by the Head of the Passenger Information Unit for the purposes of Article 4(2)(c) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual, genuine and imminent threat or risk or a specific investigation or prosecution.
Amendment 649 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – indent 3
Article 9 – paragraph 2 – subparagraph 2 – indent 3
Amendment 670 #
Proposal for a directive
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. The result of the processing referred to in Article 4(2)(a) 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 automated processing has, further to individual review by a member of the Passenger Information Unit as referred to in Article 4(2)(a), proven to be negative, it shall be stored so as to avoid future ‘false’ positive matches for as long as the underlying data have not yet been deleted in accordance with paragraph 1.
Amendment 694 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Any processing of PNR data revealing a person’s race or ethnic origin, religious or philosophical belief, political opinion, trade union membership, health or sexual life shall be prohibited. It shall be prohibited for airlines to communicate PNR data incorporating such information. In the event that PNR data revealing such information are received by the Passenger Information Unit they shall be deleted immediately. To this end, members of the Passenger Information Unit shall perform manual checks to identify PNR data containing such information and, if they find any, to delete them before any manual processing of PNR data and any transfer of PNR data to the competent authorities under Article 4(2), to the Passenger Information Unit of another Member State under Article 7 or to any third country under Article 8.
Amendment 707 #
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, in writing, 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 737 #
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 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. In particular, the national supervisory authority must: (a) be consulted about the appointment and dismissal of the Data Protection Officer referred to in Article 3a; (b) check all cases of illegal communication of data by the Passenger Information Unit to a competent authority under Article 4(4), as reported by the Data Protection Officer, and take the appropriate measures; (c) regularly review the processing of data by the Passenger Information Unit in accordance with this directive, particularly on the basis of information forwarded by the Passenger Information Unit and on-the-spot visits, in order to ensure appropriate processing of the data in accordance with the directive; (d) assist the persons concerned in asserting their rights to information, access, correction and deletion; (e) receive complaints by any person concerned regarding respect for his rights to information, access, correction and deletion, investigate the complaint to the extent necessary and inform the person concerned of the progress and results of the complaint; (f) conduct inquiries into breaches of data security reported by the Passenger Information Unit.
Amendment 742 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
Group of experts of the Passenger Information Units 1. A group of experts shall be set up, to be jointly coordinated by Europol and the European Data Protection Supervisor, to bring together national experts and the Data Protection Officers of the Passenger Information Units. The group of experts shall meet regularly. 2. The group of experts shall encourage cooperation between Passenger Information Units, particularly by means of exchanges of best practice. 3. If such a measure is indicated, the national supervisory authorities referred to in Article 12 and the Fundamental Rights Agency of the European Union shall be invited to meetings of the group of experts. 4. The Commission shall attend meetings of the group of experts as an observer.
Amendment 779 #
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) review the feasibility and necessity of including internal flights necessity of extending the scope of this Directive, in the light of the experience gained by those Member States that collect PNR data with regard to internal flights. The Commission shall submit a report to the European Parliament and the Council within two years after the date mentioned in Article 15(1);
Amendment 784 #
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 and avoidance of discrimination. It shall also contain the statistical information gathered pursuant to Article 18.
Amendment 791 #
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 total number of persons whose PNR data have been gathered, the number of identifications of any persons who may be involved in a terrorist offence or serious crime according to Article 4(2) and the number of subsequent law enforcement actions that were taken involving the use of PNR data, the number of actual convictions that resulted from them and the number of persons found to have been wrongly marked in the use of the PNR data per air carrier and destination.
Amendment 820 #
Proposal for a directive
Annex 1 – point 12
Annex 1 – point 12