2018/2063(INI) | [ParlTrack]

Motion for a resolution
Citation 8 a (new)

- having regard to the agreement reached by the EU Parliament and the Council on the adoption of a Regulation on the protection of individuals with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC, and in particular to its Chapter on the processing of operational personal data which applies to Union bodies, offices or agencies when carrying out activities which fall within the scope of Chapter 4 and 5 of the Title V of Part Three of the TFEU;

Amendment 10 #

Morten PETERSEN, Louis MICHEL, Gérard DEPREZ, Angelika MLINAR, Nathalie GRIESBECK, Sophia IN 'T VELD

Motion for a resolution
Recital D b (new)

D b. whereas the European Border Guard and Coast Guard Agency (Frontex) is prohibited to transmit any personal data to third countries pursuant to article 45(4) of Regulation2016/1624 without prejudice to Article 48 of this Regulation;

Amendment 11 #

Motion for a resolution
Recital E

E. whereas the EDPS has been the supervisor of Europol since 1 May 2017, and is also the advisor to the EU institutions ~~on policies and legislation relat~~applying the EU data protection principles when negotiating agreements ing t~~o data protection~~he law enforcement sector;

Amendment 12 #

Motion for a resolution
Paragraph 1

1. Considers that cooperation with Tunisia in the field of law enforcement ~~may be~~is necessary for the European Union’s security interests ~~but highlights that due caution is needed while~~, in particular to counter crime phenomena linked to terrorism as it poses a direct security threat to both parties, especially when it comes to addressing the phenomenon of foreign terrorist fighters, firearms trafficking due to Tunisia's proximity to Libya and in light of the ongoing cooperation between both parties on this matter based on training and capacity-building, drug trafficking due to Tunisia being a transit and destination country for cocaine and organised migrant smuggling activity which has significantly increased in recent years; highlights the need to apply due diligence when defining the negotiating mandate for an agreement between the European Union and Tunisia on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Tunisian competent authorities for fighting serious crime and terrorism;

Amendment 13 #

Motion for a resolution
Paragraph 1

1. Considers that the necessity of the cooperation with the Tunisia in the field of law enforcement ~~may be necessary~~ for the European Union’s security interests ~~but~~, as well as its proportionality, need to be properly assessed; in this regard, calls on the Commission to conduct a thorough impact assessment; highlights that due caution is needed while defining the negotiating mandate for an agreement between the European Union and Tunisia on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Tunisian competent authorities for fighting serious crime and terrorism;

Amendment 14 #

Motion for a resolution
Paragraph 2

2. Considers that full consistency with Articles 7 and 8 of the Charter, as well as other fundamental rights and freedoms protected by the Charter, should be ensured in the receiving third countries; calls, in this regard, on the Council to complete the negotiating guidelines proposed by the Commission with the conditions set out in this resolution;

Amendment 15 #

Josep-Maria TERRICABRAS

Motion for a resolution
Paragraph 3

3. Takes note that to date no appropriate impact assessment has been conducted in order to assess in depth the risks posed by transfers of personal data to Tunisia as regards individuals’ rights to privacy and data protection, but also for other fundamental rights and freedoms protected by the Charter; asks the Commission to carry out an appropriate impact assessment so as to define the necessary safeguards to be integrated in the agreement; calls on the Council and the Commission to refrain from starting any negotiation with Tunisia if the conclusions of the impact assessment cannot guarantee a sufficient and adequate level of protection of individuals’ rights to privacy and data protection and other fundamental rights and freedoms protected by the Charter;

Amendment 16 #

Motion for a resolution
Paragraph 4

4. Insists that the level of protection resulting from the agreement should be ~~essentially equivalent to~~ar in mind the level of protection in EU law;

Amendment 17 #

Josep-Maria TERRICABRAS

Motion for a resolution
Paragraph 4

4. Insists that the level of protection resulting from the agreement should be essentially equivalent to the level of protection in EU law; if such level should not be guaranteed, asks the Council and the Commission to refrain from starting any negotiation with Tunisia;

Amendment 18 #

Motion for a resolution
Paragraph 4

4. Insists that the level of protection resulting from the agreement should be essentially equivalent to the level of protection in EU law both in law and in practice;

Amendment 19 #

Motion for a resolution
Paragraph 5

5. Requests that, in order to fully respect Article 8 of the Charter and Article 16 TFEU and to avoid any potential liability from Europol as regards a violation of Union data protection law resulting from a transfer of personal data without the necessary and appropriate safeguards, the agreement contain ~~strict and~~ specific provisions imposing respect for the principle of purpose limitation with clear conditions for the processing of personal data transmitted;

Amendment 2 #

Motion for a resolution
Citation 9 a (new)

- having regard to its resolution of 3 October 2017 on the fight against cybercrime (2017/268(INI));

Amendment 20 #

Motion for a resolution
Paragraph 7

7. Requests that the agreement clearly provide that any further processing should always require prior and written authorisation by Europol; stresses that these authorisations should be documented by Europol ~~and made available to the EDPS at its request~~; calls for the agreement also to contain a provision obliging the competent authorities of Tunisia to respect these restrictions ~~and specify how compliance with these restrictions would be enforced~~;

Amendment 21 #

Motion for a resolution
Paragraph 8

8. Insists that the agreement contains a clear and precise provision setting out the data retention period of personal data that have been transferred and requiring the erasure of the personal data transferred at the end of the data retention period; requests that procedural measures be set out in the agreement to ensure compliance; insists that, in exceptional cases, where there are duly justified reasons to store the data for an extended period, past the expiry of the data retention period, these reasons and the accompanying documentation be communicated to Europol ~~and the EDPS~~;

Amendment 22 #

Motion for a resolution
Paragraph 10

10. Considers that the categories of offences for which personal data will be exchanged need to be clearly defined and listed in the international agreement itself, in line with EU criminal offences definitions when available; this list should include the activities covered by such crimes, and the ~~persons, groups and organisations likely to be affected by the transfer~~likely effects of the transfer of personal data;

Amendment 23 #

Motion for a resolution
Paragraph 10

10. Considers that the ~~categories~~list of offences for which personal data will be exchanged need to be clearly defined and ~~list~~included in the international agreement itself; this list should ~~include~~define in a clear and precise manner the activities covered by such crimes, and the persons, groups and organisations likely to be affected by the transfer;

Amendment 24 #

Motion for a resolution
Paragraph 11

11. Urges the Council and the Commission to define, pursuant to Court of Justice (CJEU) case-law and within the meaning of Article 8(3) of the Charter, with the Government of Tunisia, which independent supervisory authority is to be in charge of supervising the implementation of the international agreement; ~~is of the opinion~~urges that such an authority is~~hould be~~ agreed and established before the international agreement can enter into force; insists that the name of this authority and the contact details be expressly included in the agreement;

Amendment 25 #

Motion for a resolution
Paragraph 11

11. Urges the Council and the Commission to define, pursuant to Court of Justice (CJEU) case-law and within the meaning of Article 8(3) of the Charter, with the Government of Tunisia, which independent supervisory authority is to be in charge of supervising the implementation of the international agreement; is of the opinion that such an authority should be agreed and established before the international agreement can enter into force; insists that the name of this authority ~~and the contact details~~ be expressly included in the agreement;

Amendment 26 #

Morten PETERSEN, Louis MICHEL, Gérard DEPREZ, Angelika MLINAR, Nathalie GRIESBECK, Sophia IN 'T VELD

Motion for a resolution
Paragraph 11

11. Urges the Council and the Commission to define, pursuant to Court of Justice (CJEU) case-law and within the meaning of Article 8(3) of the Charter, with the Government of Tunisia, which independent supervisory authority is to be in charge of supervising the implementation of the international agreement; is of the opinion that such an authority should be agreed and established ~~before the international agreement can enter into force; insists~~as soon as possible; is of the opinion that the name of this authority and the contact details beare best expressly included in the agreement;

Amendment 27 #

Motion for a resolution
Paragraph 12

12. Considers that the international agreement should include a provision allowing the EU to suspend or revoke the latter should there be a breach of personal data by a law enforcement authority and Considers that the independent supervisory body should also be competent to ~~decide~~suggest to suspend or terminate the agreement in the event of a breach of the agreement; and considers that any 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 agreement;

Amendment 28 #

Motion for a resolution
Paragraph 12

12. Considers that ~~the independent supervisory body should also be competent to decide~~it should be possible for either one of the contracting parties to suspend or terminate the agreement in the event of a breach of the agreement; considers that any 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 agreement;

Amendment 29 #

Motion for a resolution
Paragraph 12

12. Considers that ~~the independent supervisory body should also be competent to decide to~~a periodic evaluation of the agreement should be installed to evaluate the parties’ compliance with the agreement as to consider suspending or terminateing the agreement in the event of a breach ~~of the agreement~~; considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed by the independent supervisory body in accordance with the agreement;

Amendment 3 #

Motion for a resolution
Citation 10 a (new)

- having regard to the European Fundamental Rights Agency (FRA) Opinion 2/2012 of the European Union Agency for Fundamental Rights on the proposed data protection reform package 1a,the report on Fundamental rights and the interoperability of EU information systems: borders and security 2a (2017) and the report related to the fundamental rights implications of collecting, storing and using biometric and other data in EU IT systems in the area of asylum and migration (2018) 3a; _________________ 1a http://fra.europa.eu/en/opinion/2012/fra- opinion-proposed-eu-data-protection- reform-package 2a http://fra.europa.eu/en/publication/2017/f undamental-rights-interoperability 3a http://fra.europa.eu/en/publication/2018/b iometrics-rights-protection

Amendment 30 #

Motion for a resolution
Paragraph 12

12. Considers of utmost importance that the independent supervisory body is~~hould~~ also be competent to decide to suspend or terminate the agreement in the event of a breach of the agreement; considers that any 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 agreement;

Amendment 31 #

Motion for a resolution
Paragraph 13

13. Is of the opinion that a clear definition of the concept of individual cases is needed as this concept is needed to assess the necessity and proportionality of data transfers; highlights that this definition should normally only refer to actual criminal investigations, and ~~not~~only in extremely exceptional cases with all the necessary safeguards in place, to criminal intelligence operations targeting specific individuals considered as suspects;

Amendment 32 #

Motion for a resolution
Paragraph 13 a (new)

13 a. Is of the opinion that a clear definition of the concept of reasonable grounds is needed as this concept is needed to assess the necessity and proportionality of data transfers; highlights that this definition should only refer to actual criminal investigations and not to criminal intelligence operations targeting specific individuals considered as suspects;

Amendment 33 #

Motion for a resolution
Paragraph 14

14. Stresses that data transferred to a receiving authority can never be further processed by other authorities and that, to this end, an exhaustive list of the competent authorities in Tunisia to which Europol can transfer data should be set up, including a description of the authorities’ competences; considers that any ~~change~~modification to such a list that would replace or add a new competent authority would require a review of the international agreement;

Amendment 34 #

Motion for a resolution
Paragraph 15

15. Insists on the need to expressly indicate that onward transfers of information from the competent authorities of Tunisia to other authorities in Tunisia can only be allowed to fulfil the original purpose of the transfer by Europol and should always be ~~communicated to~~subject to prior authorization by the independent authority, the EDPS and Europol;

Amendment 35 #

Motion for a resolution
Paragraph 15

15. Insists on the need to expressly indicate that onward transfers of information from the competent authorities of Tunisia to other authorities in Tunisia can only be allowed to fulfil the original purpose of the transfer by Europol and should always be communicated to the independent authority~~, the EDPS~~ and Europol;

Amendment 36 #

Motion for a resolution
Paragraph 17

17. Considers that the international agreement with Tunisia should include data subjects’ right to information, rectification and erasure as provided for in other Union legislation on data protection;

Amendment 37 #

Motion for a resolution
Paragraph 18

18. Points out that the transfer of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic data or data concerning a person’s health and sex life is extremely sensitive and gives rise to profound concerns given the different legal framework, societal characteristics and cultural background of Tunisia compared with the European Union; highlights the fact that criminal acts are defined differently in the Union from in Tunisia; is of the opinion that such a transfer of data should therefore only take place in very exceptional cases and with clear safeguards for the data subject and persons linked to the data subject; Considers it necessary to ~~impose safeguards on Tunisia as regards~~ define specific safeguards that would need to be respected by Tunisia as regards fundamental rights, including the respect for freedom of expression, freedom of religion, and human dignity ~~and so forth~~;

Amendment 38 #

Motion for a resolution
Paragraph 18

18. Points out that the transfer of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic data or data concerning a person’s health and sex life is extremely sensitive and gives rise to profound concerns given the different legal framework, societal characteristics and cultural background of Tunisia compared with the European Union; highlights the fact that criminal acts are defined differently in the Union from in Tunisia; is of the opinion that such a transfer of data should therefore only take place in very exceptional cases, and only if there is a precise and particularly solid justification based on grounds other than the protection of public security against terrorism, and with clear safeguards for the data subject and persons linked to the data subject; Considers it necessary to impose safeguards on Tunisia as regards respect for freedom of expression, freedom of religion, human dignity and so forth;

Amendment 39 #

Morten PETERSEN, Louis MICHEL, Gérard DEPREZ, Angelika MLINAR, Nathalie GRIESBECK, Sophia IN 'T VELD

Motion for a resolution
Paragraph 18 a (new)

18 a. Calls the Council and the Commission to refrain from starting any negotiations with Tunisia until the impact assessment referred to in points 1 and 3 demonstrates: (a) the necessity and proportionality of an international agreement with that country, (b) that the level of data protection resulting from these agreements is essentially equivalent to the level of protection provided by EU law, in particular with regard to the purpose limitation principle, the right of access, the right to rectification and the control by an independent authority, (c) that Tunisia provides for adequate safeguards as regards the protection of fundamental rights and freedom protected by the Charter, particularly the freedom of expression, freedom of religion, and human dignity;

Amendment 4 #

Motion for a resolution
Recital B

B. whereas international agreements allowing Europol and third countries to cooperate and exchange personal data should respect Articles 7 and 8 of the Charter of Fundamental Rights and Article 16 TFEU, and hence respect the principle of purpose limitation, the right of access, the right to rectification and the control by an independent authority specifically stipulated by the Charter and prove necessary and proportionate for the fulfilment of Europol’s tasks;

Amendment 40 #

Motion for a resolution
Paragraph 18 a (new)

18 a. Stresses the importance of the agreement, as currently Europol does not have any personal data sharing agreements with countries in the MENA region, to enhance the security of the whole of the European Union by improving counter-terrorism efforts and combatting organised crime and irregular migration;

Amendment 41 #

Morten PETERSEN, Louis MICHEL, Gérard DEPREZ, Angelika MLINAR, Nathalie GRIESBECK, Sophia IN 'T VELD

Motion for a resolution
Paragraph 18 a (new)

18 a. Believes that a monitoring mechanism should be included in the agreement and it should be made subject to periodic assessments to evaluate its functioning in relation to the operational needs of Europol as well as its compliance with European data protection rights and principles;

Amendment 42 #

Motion for a resolution
Paragraph 18 a (new)

18 a. Calls on the Commission to seek the advice of the EDPS before the finalisation of the international agreement in accordance with Regulation (EC) No 2016/794 and Regulation(EC) No 45/2001;

Amendment 43 #

Morten PETERSEN, Louis MICHEL, Gérard DEPREZ, Angelika MLINAR, Nathalie GRIESBECK, Sophia IN 'T VELD

Motion for a resolution
Paragraph 18 b (new)

18 b. Stresses that the European Parliament will give its consent to the conclusion of the agreement only if such an agreement does not pose risks for the rights to privacy and data protection, nor for other fundamental rights and freedoms protected by the Charter; in this regard, pursuant to Article 218 Paragraph 11 TFEU, the European Parliament will request an opinion of the Court of Justice as to whether the envisaged agreement is compatible with the Treaties;

Amendment 44 #

Motion for a resolution
Paragraph 18 b (new)

18 b. Stresses that the consent of the European Parliament to the conclusion of the agreement will be conditional upon satisfactory involvement of the European Parliament at all stages of the procedure in accordance with article 218 TFEU;

Amendment 45 #

Motion for a resolution
Paragraph 18 b (new)

18 b. Calls on the Commission to keep its competent committee informed about the progress of negotiations on the international agreement;

Amendment 46 #

Motion for a resolution
Paragraph 18 c (new)

18 c. Requests that, in order to be fully in line with the above-mentioned Regulation 2016/794, and in particular pursuant to article 51(1) of the said Regulation, no negotiation is undertaken before the Rules of Procedures of the Joint Parliamentary Scrutiny group (JPSG) are approved and in effect;

Amendment 5 #

Motion for a resolution
Recital C a (new)

C a. whereas the Europol programming document 2018-20206a highlights the increasing relevance of an enhanced multi-disciplinary approach, including the pooling of necessary expertise and information from an expanding range of partners, for the delivery of Europol's mission; _________________ 6aEuropol Programming Document 2018- 2020 adopted by Europol's Management Board on 30 November 2017, EDOC# 856927v18.

Amendment 6 #

Motion for a resolution
Recital C b (new)

C b. whereas the Europol External Strategy 2017-20207a underlines the need for closer cooperation between Europol and the Middle East/North Africa (MENA) in light of the current terrorist threats as well as migration-related challenges; _________________ 7aEuropol External Strategy 2017-2020, adopted by the Europol Management Board on 13 December 2016, EDOC#865852v3.

Amendment 7 #

Motion for a resolution
Recital C c (new)

C c. whereas Parliament underlined in its 2017 Resolution on the Fight against cybercrime (2017/268(INI)) that strategic and operational cooperation agreements between Europol and third countries facilitate both the exchange of information and practical cooperation in the fight against cybercrime;

Amendment 8 #

Motion for a resolution
Recital D

D. whereas Europol has already set up multiple agreements on data exchange with third countries in the past, such as Albania, Australia, Bosnia and Herzegovina, Canada, Colombia, Former Yugoslav Republic of Macedonia, Georgia, Iceland, Liechtenstein, Moldova, Monaco, Montenegro, Norway, Serbia, Switzerland, Ukraine, United States of America;

Amendment 9 #