37 Amendments of Miltiadis KYRKOS related to 2011/0023(COD)
Amendment 57 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the use of Passenger Name Record data for the prevention, detection, investigation and prosecution of terrorist offences and serious transnational crime
Amendment 236 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
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 according to Article 4(2)(b) and (c); and (b) T of the prevention, detection, investigation and prosecution of terrorist offences and serious transnational crime according to Article 4(2)(a) and (d).. deleted deleted
Amendment 271 #
Proposal for a directive
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
Amendment 279 #
Proposal for a directive
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(ha) 'Depersonalising through the masking out of data' means rendering certain elements of such data invisible to a user at the user interface without deleting these data elements.
Amendment 282 #
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 offences under national law referred to in Article 2(2) of Council Framework Decision 2002/584/JHAnnex II if they are punishable by a custodial sentence or a detention order for a maximum period of at least threefour years under the national law of a Member State, and if :
Amendment 295 #
Proposal for a directive
Article 2 – paragraph 1 – point i – point iv
Article 2 – paragraph 1 – point i – point iv
(iv) They are committed in one state but have substantial effects in another state.;
Amendment 299 #
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. The Passenger Information Unit is also responsible for the exchange of PNR data or the result of the processing thereof with Passenger information Units of other Member States in accordance with Article 7, and for the transfer of PNR data or the results of the processing thereof to Europol in accordance with Article 7a. Its staff members may be seconded from competent public authorities.
Amendment 307 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. All members of the Passengers Information Unit who have access to PNR data shall receive dedicated training on processing this data in compliance with fundamental rights and data protection principles.
Amendment 313 #
Proposal for a directive
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1b. The activities provided for in Article 4(2)(c) may be carried out only by specifically designated personnel.
Amendment 328 #
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3a Data Protection Officer within the Passenger information Unit 1. Member States shall provide that the head of the public authority responsible for the functioning of the Passenger Information Unit appoints a Data Protection Officer within the Passenger information Unit. He/she shall be selected on the basis of his/her personal and professional qualities and, in particular, the expert knowledge of data protection. 2. The Data Protection Officer shall be responsible of the internal supervision of the processing of personal data by Passenger Information Unit. In particular, the Data Protection Officer shall conduct random sampling of data processing within the Passenger Information Unit. 3. Member States shall provide that the Data Protection Officer is properly and in a timely manner involved in all issues which relate to the protection of personal data within the Passenger Information Unit. 4. Member States shall ensure that the Data Protection Officer is provided with the means to perform his/her duties and tasks effectively and independently, and does not receive any instructions as regards the exercise of its functions. 5. He/she shall act as a point of contact for the passengers whose data has been processed on all issues related to the processing activities.
Amendment 350 #
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or serious transnational crime and who require further examination by the competent authorities referred to in Article 5. In carrying out such an assessment, the Passenger Information Unit may process PNR data against pre-determined criteria. Member States shall ensure that any positive matches resulting from such automated processing is individually reviewed by non-automated meansa member of the Passenger Information Unit in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 357 #
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or serious transnational crime and who require further examination by the competent authorities referred to in Article 5. In carrying out such an assessment the Passenger Information Unit may compare PNR data against relevant databases, including international or national databases or national mirrors of Union databases, where they are established on the basis of Union law, on persons or objects sought or under alert, in accordance with Union, international and national rules applicable to such fildatabases. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated meansa member of the Passenger Information Unit in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 364 #
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) responding, on a case-by-case basis, to duly reasoned requests from competent authorities to provide PNR data and process PNR data in specific cases for the purpose of prevention, detection, investigation and prosecution of a terrorist offence or serious crime, and to provide the competent authorities with the results of such processing; andin accordance with Article 4a, from Passenger Information Units of the Member States, in accordance with article 7, and from Europol , in accordance with Article 7a;
Amendment 379 #
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. These assessment criteria must be targeted, specific, justified, proportionate and fact- based. 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 and be regularly reviewed, with the involvement of the Data Protection Officer and in cooperation with the competent authorities referred to in Article 5. In particular, this internal review shall ensure that the assessment criteria remain targeted specific, justified, proportionate and fact- based. The assessment criteria shall in no circumstances be based on a person’s race or ethnic origin, religious or philosophical belief, political opinion, trade union membership, health or sexual life.
Amendment 395 #
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. The Data Protection Officer shall have access to any data transmitted from the Passenger Information Unit to a competent authority pursuant to paragraph 4. If he/she considers that the transmission of any data was not lawful, he/she shall refer the matter to the Supervisory Authority, that shall have the power to order the receiving competent authority to erase that data.
Amendment 402 #
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Amendment 434 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The PNR data of passengers and the result of the processing of PNR data received by the Passenger Information Unit may be further processed by the competent authorities of the Member States only for the purpose of preventing, detecting, investigating or prosecuting the specific terrorist offences or serious crimetransnational crime for which it was requested.
Amendment 498 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Passenger Information Unit of a Member State shall have the right to request, if strictly necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’s database in accordance with Article 9(1), and, if strictly necessary, also the result of the processing of PNR data. The request for such data may be based on any one or a combination of data elements set out as Annex I, as deemed strictly necessary by the requesting Passenger Information Unit for a specific case of prevention, detection, investigation or prosecution of terrorist offences or serious transnational crime. Passenger Information Units shall provide the requested data as soon as practicable and shall provide also the result of the processing of PNR data, if it has already been prepared pursuant to Article 4(2)(a) and (b).
Amendment 506 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Passenger Information Unit of a Member State shall have the right to request, if strictly necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’s database in accordance with Article 9(2), and, if strictly necessary, also the result of the processing of PNR data. The Passenger Information Unit may request access to specific PNR data kept by the Passenger Information Unit of another Member State in their full form without the masking out only in exceptional circumstances in response to a specific threat or a specific investigation or prosecution related to terrorist offences or serious crimetransnational crime. Such access to the full PNR data shall be permitted only with the approval of the Head of the requested Passenger Information Unit.
Amendment 510 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 528 #
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Exchange of information under this Article mayshall take place using any existing channels for international law enforcement cooperationthe secure information exchange network application provided by Europol. The language used for the request and the exchange of information shall be the one applicable to the channel usedsecure information exchange network provided by Europol. When exchanging information under this Article, Member States shall provide a copy of the exchange to Europol in so far as the information is necessary for Europol to fulfil its objectives in accordance with Council Decision 2009/371/JHA. Member States shall, when making their notifications in accordance with Article 3(3), also inform the Commission with details of the contacts to which requests may be sent in cases of urgency. The Commission shall communicate to the Member States the notifications received.
Amendment 535 #
Proposal for a directive
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. The provisions of Articles 4a and 4(4a) shall be applicable accordingly.
Amendment 540 #
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Amendment 568 #
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the transfer is strictly necessary for the purposes of this Directive specified in Article 1(2), and
Amendment 592 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
A Member State may transfer PNR date and the results of the processing of PNR to a third country if: (a) the third country submits a duly reasoned request to a competent authority referred to in Article 5 of the Member State concerned; (b) all conditions set out in Paragraph 1 are fulfilled; (c) the reasoned request sets out reasonable grounds to consider that the transmission of PNR data or the results of the processing of PNR data will substantially contribute to the prevention, detection, investigation or prosecution of the criminal offence in question; (d) a court or an independent administrative body verified, in a timely manner, that all conditions set out in subparagraphs (a) and (b) are fulfilled.
Amendment 598 #
Proposal for a directive
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
Amendment 600 #
Proposal for a directive
Article 8 – paragraph 1 c (new)
Article 8 – paragraph 1 c (new)
Where an ex-post verification in accordance with paragraph 3 determines that the transfer of PNR data or the results of the processing of PNR data was not justified, the third country shall be requested to erase the information communicated by the Member State.
Amendment 602 #
Proposal for a directive
Article 8 – paragraph 1 d (new)
Article 8 – paragraph 1 d (new)
The Data Protection Officer shall be informed each time a Member State transfers PNR data pursuant to this Article. The Data Protection Officer shall inform, on a regular basis, the Supervisory Authority concerning the transmission of data pursuant to this Article.
Amendment 667 #
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The result of matching referred to in Article 4(2)(a) and (b) shall be kept by the Passenger Information Unit only as long as necessary to inform the competent authorities of a positive match. Where the result of an automated matching operation has, further to individual review by non- automated meansa member of the Passenger information Unit, proven to be negative, it shall, however, be stored so as to avoid future ‘false’ positive matches for a maximum period of three years unless the underlying data have not yet been deleted in accordance with paragraph 3 at the expiry of the five years, in which case the log shall be kept until the underlying data are deleted.
Amendment 671 #
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Amendment 696 #
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 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. without delay. To that end, upon the receipt of PNR data from air carriers, Members States shall apply automated and manual controls to identify and delete sensitive data from PNR data obtained. In order to identify and delete sensitive data from PNR data retained, members of the Passenger Information Unit shall undertake manual checks before any further manual processing and prior to any transfer of PNR data to competent authorities in accordance with Article 4(2), to the Passenger Information Unit of another Member State in accordance with Article 7, or to a third country in accordance with Article 8.
Amendment 740 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Each Member State shall provide that the national supervisory authority or authorities established in implementation of Article 25 of Framework Decision 2008/977/JHA shall also be responsible for advising on and monitoring 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 743 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
Amendment 744 #
Proposal for a directive
Article 12 – paragraph 1 b (new)
Article 12 – paragraph 1 b (new)
Member States shall provide that supervisory authorities provide each other with mutual assistance in order to implement the right of the data subject to exercise the their rights to information, of access, to rectification, and to erasure in accordance with Articles 11 through the Supervisor Authority of the Member State in which he/she resides.
Amendment 745 #
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12a Passenger Information Units expert group 1 An expert group shall be set up under the coordination of Europol to bring together national experts from Passenger Information Units. The expert group shall meet regularly, within the premises of Europol. 2 The expert group shall foster the cooperation between Passenger Information Units, including through the sharing of best practices. This shall include best practices in creating new criteria for carrying out assessments in accordance with Article 4(2)(d). 3 The Commission shall attend the meetings of the expert group as observers.
Amendment 749 #
Proposal for a directive
Article 12 b (new)
Article 12 b (new)
Article 12b The Data Protection Officers expert group 1. An expert group shall be set up under the coordination of the European Data Protection Supervisor to bring together the Data Protection Officers of the Passenger Information Units. The experts group shall meet regularly, within the premises of European Data Protection Supervisor. 2. The expert group shall foster the cooperation between Passenger Information Units, including through the sharing of the best practices. This shall include best practices in reviewing criteria for carrying out assessments in accordance with Article 4(3). 3. When appropriate, the national Supervisory Authorities referred to in Article 12 and the EU Agency for Fundamental Rights shall be invited to the meetings of the expert groups. 4. The Commission shall attend the meetings of the expert group as observers.
Amendment 836 #
Proposal for a directive
Annex II (new)
Annex II (new)
Offences: 1 participation in a criminal organisation, 2 trafficking in human beings, 3 sexual exploitation of children and child pornography, 4 illicit trafficking in narcotic drugs and psychotropic substances, 5 illicit trafficking in weapons, munitions and explosives, 6 murder, grievous bodily injury, 7 illicit trade in human organs and tissue 8 kidnapping and hostage-taking, 9 organised or armed robbery, 10 illicit trafficking in nuclear or radioactive materials, 11 rape, 12 unlawful seizure of aircraft/ships, 13 sabotage 14 crimes within the jurisdiction of the International Criminal Court