5 Amendments of Ivo VAJGL related to 2011/0023(COD)
Amendment 61 #
Proposal for a directive
Recital 17
Recital 17
(17) The Member States should take all necessary measures to enable air carriers to fulfil their obligations under this Directive. Dissuasive, effective and proportionate penalties, including financial ones, should be provided for by Member States against those air carriers failing to meet their obligations regarding the transfer of PNR data. Where there are repeated serious infringements which might undermine the basic objectives of this Directive, these penalties may include, in exceptional cases, measures such as the immobilisation, seizure and confiscation of the means of transport, or the temporary suspension or withdrawal of the operating licence.
Amendment 81 #
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 protected by Articles 8, 7 and 21 of the Charter, as well as the right to compensation in case the subject's details are exposed in the media and public sphere, without sufficient evidence for its guilt, 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 83 #
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 53 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 188 #
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 194 #
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. In the event that PNR data revealing such information are received by the Passenger Information Unit they shall be deleted immediately. The data subject has the right to compensation, in case his private data are misused or are exposed to the public and media sphere, for reasons unrelated to the scope of this directive.