26 Amendments of Caterina CHINNICI related to 2016/0106(COD)
Amendment 222 #
Proposal for a regulation
Recital 15
Recital 15
(15) Any processing of EES data should be proportionate to the objectives pursued and necessary for the performance of tasks of the competent authorities. When using the EES, the competent authorities should ensure that the human dignity and integrity of the person, whose data are requested, are respected and should not discriminate against persons on grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, gender expression, gender identity or sexual orientation.
Amendment 246 #
Proposal for a regulation
Recital 20
Recital 20
(20) It is necessary to designate the competent authorities of the Member States as well as the central access point through which the requests for access to EES data are made and to keep a list of the operating units within the designated authorities that are authorised to request such access for the specific purposes for the prevention, detection or investigation of terrorist offences or of other serious criminal offences. Member States should also adopt measures to prevent and sanction unlawful use of the system.
Amendment 279 #
Proposal for a regulation
Recital 28
Recital 28
(28) Precise rules should be laid down as regards the responsibilities for the development and operation of the EES and the responsibilities of the Member States for the connection to the EES. Member States should be able to use resources available through their national programmes under the Internal Security Fund for the development and operation of the EES at national level. The Agency for the operational management of large- scale information systems in the area of freedom, security and justice, established by Regulation (EU) No 1077/2011 of the European Parliament and of the Council28, should be responsible for the development and operational management of a centralised EES in accordance with this Regulation and the relevant provisions of Regulation (EU) No 1077/2011 should be amended accordingly. _________________ 28 Regulation (EU) No 1077/2011 of the European Parliament and of the Council of 25 October 2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (OJ L 286, 1.11.2011, p 1).
Amendment 353 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The Agency for the operational management of large-scale information systems in the area of freedom, security and justice ('eu-LISA') shall develop the EES and ensure its operational management, including the functionalities for processing biometric data referred to in Article 14(1)(f) and Article 15, as well as adequate security.
Amendment 371 #
Proposal for a regulation
Article 5 – paragraph 1 – point i a (new)
Article 5 – paragraph 1 – point i a (new)
(ia) In addition to paragraph 1, for the purpose of the prevention, detection and investigation of terrorist offences or of other serious criminal offences and in accordance with the conditions set out in this Regulation, the EES shall: (Article 5 shall be divided into 3 paragraphs corresponding to the different purposes of the Regulation relating to the different legal basis used.)
Amendment 397 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 427 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Carriers may use the secure internet access to the web service referred to in paragraph 1 to verify whether or not third country nationals holding a single or double entry visa have already used the visa. The carrier shall provide the data listed in Article 14(1)(d). The web service shall on that basis provide the carriers with an OK/NOT OK answer. Carriers may store the information sent and the answer received for a maximum of 48 hours after which the data shall be automatically deleted.
Amendment 430 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Detailed rules on the conditions for operation of the web service and the data protection and security rules applicable to the web service shall be adopted in accordance with the examination procedure referred to in Article 61(2). Relevant stakeholders shall be consulted in the development phase of the web service.
Amendment 437 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Where it is necessary to create or update the individual file data of a visa holder, the border authorities may retrieve and import the data provided for in Article 14(1) (d), (e) and to (g) directly from the VIS in accordance with Article 18a of Regulation (EC) No 767/2008.
Amendment 444 #
Proposal for a regulation
Article 14 – paragraph 1 – point f
Article 14 – paragraph 1 – point f
(f) the facial image, where possible extracted electronically from the eMRTD or the VIS, and where this is not possible, taken live. Facial images taken live shall be in accordance with the specifications for the minimum level of quality for the resolution and use of facial images taken live adopted by the Commission in accordance with the examination procedure referred to in Article 61(2);
Amendment 459 #
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 2
Article 15 – paragraph 3 – subparagraph 2
However, where the physical impossibility is of a temporary nature, the person shall be required to give the fingerprints at the subsequent entry. The border authorities shall be entitled to request further clarification on the grounds for the temporary impossibility to provide fingerprints. This information shall be limited to what is strictly necessary for the clarification of such grounds and shall be stored in the individual file until such time as the person is able to give fingerprints but no longer than the retention period for that individual file.
Amendment 517 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. In an exceptional case of urgency, where there is a need to prevent an imminent danger associated with a terrorist offence or another serious criminal offence, the central access point(s) shall process the request immediately and shall only verify ex post whether all the conditions of Article 29 are fulfilled, including whether an exceptional case of urgency actually existed. The ex post verification shall take place without undue delay and not later than 48 hours after the processing of the request.
Amendment 529 #
Proposal for a regulation
Article 29 – paragraph 1 – point c
Article 29 – paragraph 1 – point c
(c) evidence or reasonable grounds exist to consider that the consultation of the EES data may substantially contribute to the prevention, detection or investigation of any of the criminal offences in question, in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category covered by this Regulation;
Amendment 558 #
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
4. The processing of information obtained by Europol from consultation with EES data shall be subject to the authorisation of the Member State of origin. That authorisation shall be obtained via the Europol national unit of that Member State. The European Data Protection Supervisor shall monitor the processing of personal data by Europol.
Amendment 592 #
Proposal for a regulation
Article 32 – paragraph 6 – introductory part
Article 32 – paragraph 6 – introductory part
6. Where a third country national has acquired the nationality of a Member State or has fallen under the scope of Article 2(3) before the expiry of the period referred to in Article 31, the individual file and the records linked to it in accordance with Articles 14 and 15 shall be deleted without delay, without delay and in any event no later than 48 hours from the moment the relevant Member State becomes aware of that fact, be deleted from the EES as well as, where applicable, from the list of identified persons referred to in Article 11:
Amendment 595 #
Proposal for a regulation
Article 32 – paragraph 7
Article 32 – paragraph 7
7. The Central System shall immediately inform all Member States and eu-LISA of the erasure of data from the EES and where applicable from the list of identified persons referred to in Article 11.
Amendment 599 #
Proposal for a regulation
Article 33 – paragraph 1 – point a a (new)
Article 33 – paragraph 1 – point a a (new)
(aa) the specifications for the minimum level of quality for the resolution and use of facial images extracted electronically from the eMRTD or the VIS and for facial images taken live for biometric verification and identification in the EES;
Amendment 612 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 4
Article 34 – paragraph 1 – subparagraph 4
The development shall consist of the elaboration and implementation of the technical specifications, testing and overall project coordination as well as of the carrying out of risk assessments on the system. Throughout the entire life cycle of the system, the development principles of privacy by design and privacy by default shall be taken fully into account.
Amendment 621 #
Proposal for a regulation
Article 36 – paragraph 2 a (new)
Article 36 – paragraph 2 a (new)
2a. eu-LISA shall keep the European Data Protection Supervisor informed throughout the entire life cycle of the EES from its development to its operation and data.
Amendment 632 #
Proposal for a regulation
Article 38 – paragraph 2 – point d a (new)
Article 38 – paragraph 2 – point d a (new)
(da) a final decision ordering the return of the third-country national has been issued by the appropriate competent authority of the Member State in which the third-country national has been staying.
Amendment 667 #
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. The supervisory authority shall ensure that an audit of the data processing operations in the National System is carried out in accordance with relevant international auditing standards at least every fourtwo years.
Amendment 672 #
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
2. The European Data Protection Supervisor shall ensure that an audit of the Agency's personal data processing activities is carried out in accordance with relevant international auditing standards at least every fourtwo years. A report of that audit shall be sent to the European Parliament, the Council, eu-LISA, the Commission and the national supervisory authorities. eu- LISA shall be given an opportunity to make comments before the report is adopted.
Amendment 674 #
Proposal for a regulation
Article 50 – paragraph 3 a (new)
Article 50 – paragraph 3 a (new)
3a. The European Data Protection Supervisor shall be allocated the resources adequate and necessary for the fulfilment of the tasks entrusted to it under this Regulation.
Amendment 710 #
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
2. By [Six months after the entry into force of this Regulation – OPOCE, please replace with the actual date] and every six months thereafter during the development phase of the EES, eu-LISA shall submit a report to the European Parliament and the Council, the Council and the European Data Protection Supervisor on the state of play of the development of the Central System, the Uniform Interfaces and the Secure Communication Infrastructure between the Central System and the Uniform Interfaces. Once the development is finalised, a report shall be submitted to the European Parliament and the Council, the Council and the European Data Protection Supervisor explaining in detail how the objectives, in particular relating to planning and costs, were achieved as well as justifying any divergences.
Amendment 711 #
Proposal for a regulation
Article 64 – paragraph 4
Article 64 – paragraph 4
4. Two years after the start of operations of the EES and every two years thereafter, eu-LISA shall submit to the European Parliament, the Council and, the Commission and the European Data Protection Supervisor a report on the technical functioning of EES, including the security thereof.
Amendment 715 #
Proposal for a regulation
Article 64 – paragraph 5
Article 64 – paragraph 5
5. Threewo years after the start of operations of the EES and every fourtwo years thereafter, the Commission shall produce an overall evaluation of the EES. This overall evaluation shall include an examination of results achieved against objectives and the impact on fundamental rights, and assessing the continuing validity of the underlying rationale, the application of the Regulation, the security of the EES and any implications on future operations, and shall make any necessary recommendations. The Commission shall transmit the evaluation report to the European Parliament and the Council, the Council and the European Data Protection Supervisor.