24 Amendments of Fabio Massimo CASTALDO related to 2011/0023(COD)
Amendment 39 #
Proposal for a directive
Recital 5
Recital 5
(5) PNR data are necessarymay be a useful tool to effectively prevent, detect, investigate and prosecute terrorist offences and serious crime and thus enhance internal security.
Amendment 42 #
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 46 #
Proposal for a directive
Recital 7
Recital 7
(7) PNR data 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 using PNR data law enforcement authorities can 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.(Does not affect the English version)
Amendment 56 #
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 serous 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 States38. 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. __________________ 37 OJ L 164, 22.06.2002,. 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). 38 OJ L 190, 18.7.2002, p. 1. 38 OJ L 190, 18.07.02. p. 1.
Amendment 66 #
Proposal for a directive
Recital 19
Recital 19
(19) Taking fully into consideration the right to the protection of personal data and the right to non-discrimination, no decision that produces an adverse legal effect on a person or seriously affects him/her should be taken only by reason of the automated processing of PNR data. Moreover, no such decision should be taken by reasonon grounds of a person’'s race or ethnic origingender, colour, ethnic or social origin, genetic features, language, religious or philosophical belief, political opinion, trade union membership, membership of a national minority, property, birth, disability, age, health or sexual lifeorientation.
Amendment 77 #
Proposal for a directive
Recital 28
Recital 28
(28) This Directive does not affect the possibility for Member States to provide, under their domestic law, for a system of collection and handling of PNR data for purposes other than those specified in this Directive, or from transportation providers other than those specified in the Directive, regarding internal flights subject to compliance with relevant data protection provisions, provided that such domestic law respects the Union acquis. The issue of the collection of PNR data on internal flights should be the subject of specific reflection at a future datMember States may not use PNR data for purposes other than those specified in this Directive.
Amendment 107 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall set up or designate an authority competent for the prevention, detection, investigation or prosecution of terrorist offences and serious crime or a branch of such an authority to act as its ‘Passenger Information Unit’ responsible for collecting PNR data from the air carriers, storing them, analysing them and transmitting the result of the analysis to the competent authorities referred to in Article 5. Its staff members shall be individuals of proven integrity and competence and may be seconded from competent public authorities.
Amendment 109 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The PNR data transferred by the air carriers, pursuant to Article 6, in relation to international flights which land on or depart from the territory of each Member State shall be collected by the Passenger Information Unit of the relevant Member State. Should the PNR data transferred by air carriers include data beyond those listed in the AnnexAir carriers shall not transfer to the Passenger Information Unit sensitive data such as the gender, colour, ethnic or social origin, genetic features, language, religious or philosophical belief, political opinion, trade union membership, membership of a national minority, property, birth, disability, age, state of health or sexual orientation of the individual in question. Should these or other data beyond those listed exhaustively in the Annex be included in the PNR data transferred, the Passenger Information Unit shall delete such data immediately upon receipt.
Amendment 119 #
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. 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 5. The assessment criteria shall in no circumstances be based on a person’s race or ethnic origingender, colour, ethnic or social origin, genetic features, language, religious or philosophical belief, political opinion, trade union membership, membership of a national minority, property, birth, disability, age, health or sexual lifeorientation.
Amendment 123 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 125 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. The competent authorities shall not take any decision that produces an adverse legal effect on a person or significantly affects a person only by reason of the automated processing of PNR data. Such decisions shall not be taken on the basis of a person’s race or ethnic origin, political opiniongender, colour, ethnic or social origin, genetic features, language, religious or philosophical belief, political opinion, trade union membership, membership of a national minority, property, birth, disability, age, health or sexual lifeorientation.
Amendment 129 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall adopt the necessary measures to ensure that air carriers transfer ('push') the PNR data as defined in Article 2(c) and strictly specified in the Annex, to the extent that such data are already collected by them, to the database of the national Passenger Information Unit of the Member State on the territory of which the international flight will land or from the territory of which the flight will depart. Where the flight is code-shared between one or more air carriers, the obligation to transfer the PNR data of all passengers on the flight shall be on the air carrier that operates the flight. Where the flight has one or more stop-overs at the airports of the Member States, air carriers shall transfer the PNR data to the Passenger Information Units of all the Member States concerned.
Amendment 172 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that the PNR data provided by the air carriers to the Passenger Information Unit are retained in a database at the Passenger Information Unit for a period of 307 days after their transfer to the Passenger Information Unit of the first Member State on whose territory the international flight is landing or departing.
Amendment 177 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Upon expiry of the period of 307 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 threat or risk or a specific investigation or prosecution.
Amendment 181 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – indent 1
Article 9 – paragraph 2 – subparagraph 2 – indent 1
Amendment 182 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – indent 2 a (new)
Article 9 – paragraph 2 – subparagraph 2 – indent 2 a (new)
- telephone numbers and email addresses, including those of any emergency contacts;
Amendment 183 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – indent 2 b (new)
Article 9 – paragraph 2 – subparagraph 2 – indent 2 b (new)
- the ‘frequent flyer’ programme to which the passenger belongs, together with the relevant code number;
Amendment 184 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – indent 2 c (new)
Article 9 – paragraph 2 – subparagraph 2 – indent 2 c (new)
- the IP address from which the reservation was made;
Amendment 186 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the PNR data are permanently deleted upon expiry of the period specified in paragraph 2. This obligation shall be without prejudice to cases where specific PNR data have been transferred to a competent authority and are used in the context of specific criminal investigations or prosecutions, in which case the retention of such data by the competent authority shall be regulated by the national law of the Member State.
Amendment 193 #
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 origingender, colour, ethnic or social origin, genetic features, language, religiousn or philosophical belief, political opinion, trade union membership, membership of a national minority, property, birth, disability, age health or sexual lifeorientation shall be prohibited. It is prohibited for airlines to transfer such data, but, in the event that PNR data revealing such information are received by the Passenger Information Unit they shall be deleted immediately.
Amendment 208 #
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 four years after the date mentioned in Article 15(1). Such review shall firstly determine whether the PNR scheme is really a necessary measure and secondly, 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. It shall also contain the statistical information gathered pursuant to Article 18.
Amendment 211 #
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 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 actual convictions achieved also as a result of the use of PNR data.
Amendment 214 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. This Directive is without prejudice to any obligations and commitments of the Union by virtue of bilateral and/or multilateral agreements with third countries, but any new agreements with third countries shall not include provisions which lower the level of data protection below that which is provided for in this Directive.
Amendment 220 #
Proposal for a directive
Annex – point 12
Annex – point 12
(12) General remarks (including all available iInformation on unaccompanied minors under 18 years, such as name and gender of the minor, age, language(s) spoken, name and contact details of guardian on departure and relationship to the minor, name and contact details of guardian on arrival and relationship to the minor, departure and arrival agent).