Activities of Helga STEVENS related to 2018/2062(INI)
Shadow reports (1)
REPORT on the recommendation, by the Commission, for a Council decision authorising the opening of negotiations for an agreement between the European Union and the State of Israel on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Israeli competent authorities for fighting serious crime and terrorism PDF (370 KB) DOC (54 KB)
Amendments (10)
Amendment 18 #
Motion for a resolution
Paragraph 3
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 the State of Israel 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 necessaryif additional safeguards need to be integrated in the agreement;
Amendment 19 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Insists that the level of protection resulting from the agreement should be essentially equivalent toar in mind the level of protection in EU law;
Amendment 23 #
Motion for a resolution
Paragraph 5
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 24 #
Motion for a resolution
Paragraph 7
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 the State of Israel to respect these restrictions and specify how compliance with these restrictions would be enforced;
Amendment 25 #
Motion for a resolution
Paragraph 8
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 30 #
Motion for a resolution
Paragraph 11
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 the State of Israel, 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; insistsas 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 33 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the independent supervisory body should also be competent to decide toa 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 39 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Insists on the need to expressly indicate that onward transfers of information from the competent authorities of the State of Israel to other authorities in the State of Israel 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 43 #
Motion for a resolution
Paragraph 18
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 the State of Israel compared with the European Union; highlights the fact that criminal acts are defined differently in the Union from in the State of Israel; 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 imposemonitor safeguards on the State of Israel as regards respect for freedom of expression, freedom of religion, human dignity and so forth;
Amendment 45 #
Motion for a resolution
Paragraph 18 a (new)
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;