24 Amendments of Barbara SPINELLI related to 2011/0023(COD)
Amendment 49 #
Draft legislative resolution
Paragraph 1
Paragraph 1
1. Adopts its position at first reading hereinafter set outRejects the Commission proposal;
Amendment 78 #
Proposal for a directive
Recital 6
Recital 6
Amendment 97 #
Proposal for a directive
Recital 8
Recital 8
(8) The processing of personal data must be necessary for, and proportionate to, the specific security goal pursued by this Directive.
Amendment 105 #
Proposal for a directive
Recital 10
Recital 10
Amendment 125 #
Proposal for a directive
Recital 12
Recital 12
(12) The definition of terrorist offences should be taken from Articles 1 to 4 of Council Framework Decision 2002/475/JHA on combating terrorism37 . The definition of serious transnational crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedure between Member States38and the United Nations Convention on Transnational Organised Crime. However, Member States mayshould exclude those minor offences for which, taking into account their respective criminal justice system, the processing of PNR data pursuant to this directive would not be in line with the principle of proportionality. The definition of serious transnational crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA and the United Nations Convention on Transnational Organised Crime. __________________ 38__________________ 38 OJ L 190, 18.7.2002, p. 1. OJ L 190, 18.7.2002, p. 1. 37 OJ L 164, 22.6.2002, p. 3. Decision as amended by Council Framework Decision 2008/919/JHA of 28 November 2008 (OJ L 330, 9.1.2.2008, p. 21).
Amendment 172 #
Proposal for a directive
Recital 21
Recital 21
(21) The period during which PNR data are to be retained should be proportionate to the purposes of the prevention, detection, investigation and prosecution of terrorist offences and serious crime. Because of the nature of the data and their uses, it is necessary that the PNR data are retained for a sufficiently long period for carrying out analysis and for use in investigations. In order to avoid disproportionate use, it is necessary that, after an initial period, the data are anonymised and only accessible under very strict and limited conditionsdeleted unless necessary for the investigation and prosecution of specific terrorist offences and serious transnational crime.
Amendment 230 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive provides conditions for the transfer by air carriers of Passenger Name Record data of passengers of pre- selected international flights to and from the Member States, as well as the processibetween Member States and third countries, as well as the use, retention and exchange of that data, including its collection, use and retention by the Member States and its exchange between them by the Member States.
Amendment 243 #
Proposal for a directive
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. The PNR data collected in accordance with this Directive may be processed only for the following purposes: (a) The prevention, detection, investigation and prosecution of terrorist offences and serious crime accordcertaing to Article 4(2)(b) and (c); and (b) The prevention, detection, investigation and prosecution of terrorist offences and serious transnational crimeypes of serious transnational crime as defined in point (i) of Article 2 and according to Article 4(2)(a) and (d).. deleted deleted
Amendment 246 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. PNR data collected in accordance with this Directive may not be processed for minor offences which are punishable by a custodial sentence or a detention order for a maximum period of less than three years under the national law of a Member State.
Amendment 289 #
Proposal for a directive
Article 2 – paragraph 1 – point i – introductory part
Article 2 – paragraph 1 – point i – introductory part
(i) ‘'serious transnational crime’' means the following offences under national law referred to in Article 2(2) of Council Framework Decision 2002/584/JHA: trafficking in human beings, illicit trafficking in narcotic drugs and illicit trafficking in weapons, munition and explosives, if they are punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of a Member State, and if :
Amendment 355 #
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
Amendment 375 #
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
Amendment 686 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Each Member State shall provide that, in respect of all processing of personal data pursuant to this Directive, every passenger shall have the same right to access, the right to rectification, erasure and blocking, the right to compensation and the right to judicial redress as those adopted under national law in implementation of Articles 17, 18, 19 and 20 of the Council Framework Decision 2008/977/JHA. The provisions of Articles 17, 18, 19, 20 and 205 of the Council Framework Decision 2008/977/JHA shall therefore be applicable.
Amendment 700 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Any processing of PNR data revealing a person’s race, social 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.
Amendment 703 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. All processing of PNR data by air carriers, all transfers of PNR data by Passenger Information Units and all requests by competent authorities or Passenger Information Units of other Member States and third countries, even if refused, shall be logged or documented by the Passenger Information Unit and the competent authorities for the purposes of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security of data processing, in particular by the national data protection supervisory authorities. These logs shall be kept for a period of five years unless the underlying data have not yet been deleted in accordance with Article 9(3) at the expiry of those five years, in which case the logs shall be kept until 5 years after the underlying data arehave been deleted.
Amendment 711 #
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 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 720 #
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article 11a Judicial Remedy Every decision by a competent authority to deny boarding or to impose other restrictive measures on a passenger, based on the processing of PNR data according to this Directive, shall be open to a judicial remedy before a regular court of law.
Amendment 741 #
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 and enforcement of 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.
Amendment 752 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. All transfers of PNR data by air carriers to the Passenger Information Units for the purposes of this Directive shall be made by electronic means or, in the event of technical failure, by any other appropriate means, for a period of one yearthree months following the adoption of the common protocols and supported data formats in accordance with Article 14.
Amendment 754 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Once the period of one yearthree months from the date of adoption of the common protocols and supported data formats has elapsed, all transfers of PNR data by air carriers to the Passenger Information Units for the purposes of this Directive shall be made electronically using secure methods in the form of accepted common protocols which shall be common to all transfers to ensure the security of the data during transfer, and in a supported data format to ensure their readability by all parties involved. All air carriers shall be required to select and identify to the Passenger Information Unit the common protocol and data format that they intend to use for their transfers.
Amendment 756 #
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Each Member State shall ensure that the necessary technical measures are adopted to be able to use the common protocols and data formats within one yearthree months from the date the common protocols and supported data formats are adopted.
Amendment 796 #
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 number of identifications of any persons who may be involved in a terrorist offence or serious transnational crime according to Article 4(2) and, the number of subsequent law enforcement actions that were taken involving the use of PNR data per air carrier and destination, and the number of criminal convictions following those actions, per offence found to be committed, as well as the quality of the pre-determined criteria used for preselection of flights.
Amendment 800 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. These statistics shall not contain any personal data. They shall be transmitted to the Commissionmade public on a yearly basis.
Amendment 807 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
This Directive shall enter into force the twentieth day following that of its publication in the Official Journal of the European Union. This Directive shall only be valid for 5 years after the entry into force, after which it shall lose is legal effect. The Commission may present a revised proposal to the European Parliament and Council according to the Ordinary legislation procedure.