[ParlTrack]

Birgit SIPPEL, Caterina CHINNICI, Josef WEIDENHOLZER, Marju LAURISTIN, Sylvia-Yvonne KAUFMANN, Hugues BAYET, Tanja FAJON

Proposal for a directive
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 according to Article 4(2)(b) and (c); and (b) The prevention, detection, investigation and prosecution of terrorist offences and serious transnational crime~~certain types of serious transnational crime as defined in point (i) of Article 2 and according to Article 4(2)~~(a) and (d).~~. deleted deleted

2015/04/20
Committee: LIBE

Birgit SIPPEL, Caterina CHINNICI, Jörg LEICHTFRIED, Josef WEIDENHOLZER, Sylvia-Yvonne KAUFMANN, Péter NIEDERMÜLLER, Miriam DALLI, Tanja FAJON

Proposal for a directive
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 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: trafficking in human beings, sexual exploitation of children, illicit trafficking in narcotic drugs, illicit trafficking in weapons and illicit trafficking in munition and explosives if :

2015/04/20
Committee: LIBE

Birgit SIPPEL, Christine REVAULT D'ALLONNES BONNEFOY, Josef WEIDENHOLZER, Marju LAURISTIN, Sylvia-Yvonne KAUFMANN, Hugues BAYET, Ana GOMES, Tanja FAJON, Emilian PAVEL

Proposal for a directive
Article 3 a (new)

Article 3a Data Protection Officer 1. Member States shall provide that the head of the public authority responsible for monitoring the application of the provisions adopted pursuant to this Directive and for contributing to their consistent application throughout the Union, appoints a Data Protection Officer within the Passenger Information Unit. 2. Member States shall provide that the data protection officer shall be designated on the basis of professional qualities and, in particular, expert knowledge of data protection law and practices and ability to fulfil the tasks referred to in this Directive. 3. Member States shall provide that the Data Protection Officer shall be responsible: (a) to raise awareness, to inform and advise the members of the Passenger Information Unit of their obligations in accordance with the data protection provisions adopted pursuant to this Directive, in particular with regard to technical and organisational measures and procedures; (b) to monitor the implementation and application of the policies in relation to the protection of personal data, including the assignment of responsibilities, the training of staff involved in the processing operations and the related audits; (c) to monitor the implementation and application of the data protection provisions adopted pursuant to this Directive, in particular as to the requirements related to data protection by design, data protection by default and data security and to the information of data subjects and their requests in exercising their rights under the provisions adopted pursuant to this Directive; (d) to ensure compliance with the data protection provisions adopted pursuant to this Directive, in particular, through conducting random sampling of data processing operations; (e) to ensure that the documentation referred to in Articles 11f (new) and 11g (new) is maintained; (f) to monitor the documentation, notification and communication of personal data breaches pursuant to Articles 11l (new) and 11m (new); (g) to monitor the response to requests from the supervisory authority, and to co- operate with the supervisory authority at the latter's request or on his/her own initiative, especially on matters relating to data transfers to other Member States or to third countries; (h) to act as the contact point for the supervisory authority on issues related to the processing of PNR data and to consult with the supervisory authority, if appropriate, on his/her own initiative. 4. 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. 5. Member States shall ensure that the data protection officer is provided with the means to perform his/her duties and tasks referred to in this Article effectively and independently, and does not receive any instructions as regards to the exercise of the function. 6. Member States shall provide that any other professional duties of the data protection officer are compatible with that person's tasks and duties as data protection officer and do not result in a conflict of interests. 7. Member States shall provide the data subject with the right to contact the data protection officer, as a single point of contact, on all issues related to the processing of his or her PNR data. 8. Member States shall provide that the name and contact details of the data protection officer are communicated to the supervisory authority and to the public.

2015/04/20
Committee: LIBE

Birgit SIPPEL, Caterina CHINNICI, Jörg LEICHTFRIED, Josef WEIDENHOLZER, Marju LAURISTIN, Sylvia-Yvonne KAUFMANN, Kati PIRI, Péter NIEDERMÜLLER, Tanja FAJON

Proposal for a directive
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 Annex, the Passenger Information Unit shall delete such data immediately upon receipt.~~ Member States shall adopt the necessary measures to ensure that their Passenger Information Unit may request air carriers in accordance with Article 6 to: (a) transfer (‘push’) all PNR data of all passengers arriving or departing from that Member state in an anonymised format; (b) transfer (‘push’) specific PNR data of an individual linked to a name, contact detail or payment method linked to a specific case of prevention, detection, investigation or prosecution of a terrorist offence or a specific serious transnational crime; (c) transfer (‘push’) PNR data of all passengers on specific flights where a risk assessment of the Passenger Information Unit has proven a high concrete risk that persons linked to a specific case of prevention, detection, investigation or prosecution of a terrorist offence or a specific serious transnational crime are travelling on those flights.

2015/04/20
Committee: LIBE

Birgit SIPPEL, Jörg LEICHTFRIED, Josef WEIDENHOLZER, Marju LAURISTIN, Sylvia-Yvonne KAUFMANN, Kati PIRI, Tanja FAJON

Proposal for a directive
Article 4 – paragraph 1 a (new)

1a. The anonymised PNR data as referred to in paragraph 1(a) transferred by air carriers shall be collected by the Passenger Information Units for the purpose of conducting risk assessments on particular flights and connecting flights as well as for the purpose of updating or creating new criteria for carrying out assessments in order to identify any persons who may be involved in a terrorist offence or a certain type of serious transnational crime pursuant to point (i) of Article 2.

2015/04/20
Committee: LIBE

Birgit SIPPEL, Caterina CHINNICI, Jörg LEICHTFRIED, Josef WEIDENHOLZER, Marju LAURISTIN, Sylvia-Yvonne KAUFMANN, Kati PIRI, Péter NIEDERMÜLLER, Tanja FAJON

Proposal for a directive
Article 4 – paragraph 1 b (new)

1b. A request pursuant to subparagraphs 1 (b) and (c) shall be subject to prior authorisation by a judicial authority and subject to a quarterly judicial review. The specification referred to in subparagraph 1 (c) may be temporal, geographical or both.

2015/04/20
Committee: LIBE

Birgit SIPPEL, Jörg LEICHTFRIED, Josef WEIDENHOLZER, Sylvia-Yvonne KAUFMANN, Kati PIRI, Hugues BAYET, Tanja FAJON

Proposal for a directive
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 a certain type of 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 in line with the requirement set out in paragraph 3. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed ~~by non-automated means~~and subject to human intervention by a member of the Passenger Information Unit in order to verify whether the competent authority referred to in Article 5 needs to take action;

2015/04/20
Committee: LIBE

Birgit SIPPEL, Caterina CHINNICI, Jörg LEICHTFRIED, Josef WEIDENHOLZER, Marju LAURISTIN, Sylvia-Yvonne KAUFMANN, Kati PIRI, Péter NIEDERMÜLLER, Tanja FAJON

Proposal for a directive
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~~a type of 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~~national 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 ~~files~~data bases. In carrying out such an assessment the Passenger Information Unit may compare PNR data against the Schengen Information System and the Visa Information System. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed ~~by non-automated means~~and subject to human intervention by a member of the Passenger Information Unit in order to verify whether the competent authority referred to in Article 5 needs to take action; and

2015/04/20
Committee: LIBE

Birgit SIPPEL, Jörg LEICHTFRIED, Josef WEIDENHOLZER, Marju LAURISTIN, Sylvia-Yvonne KAUFMANN, Kati PIRI, Tanja FAJON

Proposal for a directive
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~~in accordance with Article 4a (new) and pfro~~secution of a terrorist offence or serious crime, and to provide the competent authorities with the results of such processing; and~~m Passenger Information Units from other Member States in accordance with Article 7.

2015/04/20
Committee: LIBE

Birgit SIPPEL, Jörg LEICHTFRIED, Josef WEIDENHOLZER, Marju LAURISTIN, Sylvia-Yvonne KAUFMANN, Kati PIRI, Tanja FAJON

Proposal for a directive
Article 4 – paragraph 2 – point d

(d) analysing PNR data for the purpose of updating or creating new criteria for carrying out assessments in order to identify any persons who may be involved in a terrorist offence or serious transnational crime pursuant to point (a).deleted

2015/04/20
Committee: LIBE

Birgit SIPPEL, Jörg LEICHTFRIED, Josef WEIDENHOLZER, Marju LAURISTIN, Sylvia-Yvonne KAUFMANN, Kati PIRI, Hugues BAYET, Ana GOMES, Tanja FAJON

Proposal for a directive
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 regularly reviewed. The regular review shall involve the Data Protection Officer and ensure that the assessment criteria remain targeted, specific, justified, proportionate and fact-based. The assessment criteria shall in no circumstances be based on data revealing a person’'s race or ethnic origin, political opinions, religiousn or philosophical beliefs, ~~political opinion, trade union membership, health or sexual life.~~ sexual orientation or gender identity, trade union membership and activities, and the processing of biometric data or of data concerning, health or sex life. The assessment shall in any case not be based solely on automated processing and allow for human intervention on every criteria.

2015/04/20
Committee: LIBE

Birgit SIPPEL, Jörg LEICHTFRIED, Josef WEIDENHOLZER, Marju LAURISTIN, Sylvia-Yvonne KAUFMANN, Kati PIRI, Ana GOMES, Tanja FAJON

Proposal for a directive
Article 4 – paragraph 4 a (new)

4a. The Data Protection Officer shall have access to all data transmitted to the Passenger Information Unit and from the Passenger Information Unit to a competent authority pursuant to Article 5. If the Data Protection Officer considers that transmission of any data was not lawful, he/she shall refer the matter to the Supervisory Authority, who shall have the power to order the receiving competent authority to erase the data.

2015/04/20
Committee: LIBE

Birgit SIPPEL, Caterina CHINNICI, Jörg LEICHTFRIED, Josef WEIDENHOLZER, Marju LAURISTIN, Sylvia-Yvonne KAUFMANN, Kati PIRI, Ana GOMES, Tanja FAJON

Proposal for a directive
Article 4 – paragraph 4 b (new)

4b. The storage, processing and analysis of PNR data shall be carried out exclusively within the territory of the Union. The law applicable to these procedures shall therefore be Union law on personal data protection.

2015/04/20
Committee: LIBE

Birgit SIPPEL, Jörg LEICHTFRIED, Josef WEIDENHOLZER, Marju LAURISTIN, Sylvia-Yvonne KAUFMANN, Kati PIRI, Ana GOMES, Tanja FAJON

Proposal for a directive
Article 4 – paragraph 4 c (new)

4c. Member States shall bear the costs of use, retention and exchange of PNR data.

2015/04/20
Committee: LIBE

Birgit SIPPEL, Jörg LEICHTFRIED, Josef WEIDENHOLZER, Marju LAURISTIN, Sylvia-Yvonne KAUFMANN, Kati PIRI, Péter NIEDERMÜLLER, Tanja FAJON, Emilian PAVEL

Proposal for a directive
Article 4 a (new)

Article 4a Conditions for access to PNR data by competent authorities 1. The competent authorities referred to in Article 5 may submit, on a case-by-case basis, an electronic and duly reasoned request to the Passenger Information Unit for the transmission of specific PNR data or the results of the processing of specific PNR data, when this is strictly necessary for the purpose of prevention, detection, investigation or prosecution of a specific terrorist offence or a certain type of serious transnational crime. The request for such data may be based on any one or a combination of the PNR data elements set out in the Annex. The reasoned request shall set 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. 2. Prior to the transmission of PNR data or of the results of the processing of PNR data from the Passenger Information Unit to a competent authority in reply to a request made in accordance with paragraph 1, a court or an independent administrative body shall verify, in a timely manner, whether all the conditions set out in paragraph 1 are fulfilled. 3. In an exceptional case of urgency where there is need to prevent an immediate and serious threat to public security associated with a terrorist offence or a type of serious transnational crime, the Passenger Information Unit may transmit the PNR data or the results of the processing of PNR data immediately upon receipt of a request by a competent authority. In such an exceptional case of urgency, a court or an independent administrative body may only verify ex- post whether all the conditions set out in paragraph 1 are fulfilled, including whether an exceptional case of urgency actually existed. The ex-post verification shall take place without undue delay after the processing of the request. 4. 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, all the authorities that have received such data shall erase the information communicated by the Passenger Information System. 5. Paragraphs 1 to 4 shall also apply when a competent authority referred to in Article 5 submits an electronic and duly reasoned request to the Passenger Information Unit of its Member State in order to request the transmission of PNR data or the results of the processing of PNR data from a Passenger Information Unit of another Member State in accordance with Article 7, or from a third country in accordance with Article 8. 6. The decision for transfers pursuant to paragraphs 3 and 5 shall be made by the head of Passenger Information Unit to which the request was made. The Data Protection Officer shall be informed each time a transfer is made pursuant to this Article and he/she shall inform the supervisory authority of such transfers.

2015/04/20
Committee: LIBE

Birgit SIPPEL, Josef WEIDENHOLZER, Marju LAURISTIN, Kati PIRI, Sylvia-Yvonne KAUFMANN, Tanja FAJON

Proposal for a directive
Article 6 – paragraph -1

-1. Member States shall adopt the necessary measures to ensure that air carriers transfer ('push') anonymised PNR data pursuant to Article 4 (a), to the extent that such data are already collected by them in their normal course of business, to the Passenger Information Unit.

2015/04/20
Committee: LIBE

Birgit SIPPEL, Josef WEIDENHOLZER, Marju LAURISTIN, Kati PIRI, Sylvia-Yvonne KAUFMANN, Tanja FAJON

Proposal for a directive
Article 6 – paragraph 1

1. Member States shall adopt the necessary measures to ensure that air carriers transfer ('push') the specific PNR data as defined in Article 2(c) and ~~specified in the Annex~~pursuant to Article 4 (b) and (c) , to the extent that such data are already collected by them, in their normal course of business to the database of the national Passenger Information Unit of ~~the~~a 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.

2015/04/20
Committee: LIBE

Birgit SIPPEL, Caterina CHINNICI, Jörg LEICHTFRIED, Marju LAURISTIN, Josef WEIDENHOLZER, Kati PIRI, Sylvia-Yvonne KAUFMANN, Péter NIEDERMÜLLER, Ana GOMES, Emilian PAVEL, Tanja FAJON

Proposal for a directive
Article 17 a (new)

Article 17a Limitation This Directive shall loose its effect after a period of seven years. The Commission may propose to extend the effect of this Directive for further seven-year-periods. The decision of extension shall be taken by ordinary legislative procedure after the approval by the European Parliament and the Council.

2015/04/20
Committee: LIBE

18 Amendments of Sylvia-Yvonne KAUFMANN related to 2011/0023(COD)

ParlTrack - 2011-2024