BETA

5 Amendments of Saskia BRICMONT related to 2018/0330B(COD)

Amendment 42 #
Proposal for a regulation
Recital 81 a (new)
(81 a) FADO is specifically created for the purpose of hosting specimen documents and examples of falsified documents that include descriptions of methods of falsification and forgery provided by Member States, third countries, territorial entities, international organisations and other entities subject to international law. As a direct consequence of that purpose, personal data should be stored in FADO in the form of different elements appearing in the specimen and falsified documents. Such personal data are limited to what is necessary for the purposes of FADO. The European Border and Coast Guard Agency established by Regulation (EU) 2019/... of the European Parliament and of the Council (‘the Agency’) should take the necessary steps to anonymise all elements of personal data which is not necessary in relation to the purposes for which the data is processed in accordance with the principle of data minimisation, provided for in point (c) of Article 4(1) of Regulation (EU) 2018/1725. It should not be possible to retrieve or search any elements of personal data in FADO, nor should the data in the specimens be used to identify any natural person.
2019/10/17
Committee: LIBE
Amendment 57 #
Proposal for a regulation
Article 80 a (new)
Article 80 a Categories of documents and data contained in FADO 1. FADO shall include the following: (a) information, including images, on genuine documents and their security features; (b) information, including images on false, forged, counterfeit or pseudo documents and their fraud characteristics; (c) summary information on forgery techniques; (d) summary information on the security features of the genuine documents; (e) statistics on detected false documents; (f) recommendations on effective ways of detecting specific methods of forgery. FADO may also contain handbooks, contact lists and information on valid travel documents and their recognition by Member States, as well as other useful related information. FADO may contain personal data only in as much as it appears on specimen and falsified documents. Member States shall ensure that individuals whose personal data is used on specimen documents have volunteered for this, including for the processing of their personal data in FADO. It shall not be possible to identify a person from the personal data without additional information or to search personal data in FADO. Personal data shall be processed in accordance with point (a) of Article 5(1) of Regulation (EU) 2018/1725. 2. Member States shall transmit without delay the data on genuine and false documents that they control to the European Border and Coast Guard Agency (‘the Agency’).
2019/10/17
Committee: LIBE
Amendment 62 #
Proposal for a regulation
Article 80 b (new)
Article 80 b FADO architecture and access to the system The FADO architecture shall enable: (a) designated document experts of the Member States’ authorities competent in the area of document fraud, such as border police and other law enforcement authorities, to access the system in an unrestricted manner; (b) Member States’ authorities that do not require detailed information regarding the security features and falsification of documents to access the system in a restricted manner; (c) third parties, such as Union institutions, bodies, offices and agencies, to access the system in a restricted manner where and insofar as they require access to information regarding the security features and falsification of documents; (d) third parties, such as third countries or international organisations that do not require detailed information regarding the security features and falsification of documents to access the system in a restricted manner but shall not grant them access to any personal data that are not subject to the voluntary agreement of the individual concerned; (e) third parties, such as airlines, that do not require detailed information regarding the security features and falsification of documents to access the system in a restricted manner but shall not grant them access to any personal data; (f) the public to access the system in a restricted manner for specimen documents but shall not grant it access to personal data that are not subject to the consent of the individual concerned; the public shall only be provided with access to public information on security features.
2019/10/17
Committee: LIBE
Amendment 66 #
Proposal for a regulation
Article 80 c (new)
Article 80 c Processing of personal data by the Agency The Agency shall apply Regulation (EU) 2018/1725 when processing personal data. The Agency shall only upload personal data to the extent that they are strictly necessary to describe or illustrate the security features or method of falsification. The Agency shall ensure that such data are adequately anonymised to the extent that is possible in a way that prevents the identification of any individual through FADO without additional data. The identification of any individual through FADO shall be prohibited. Third parties that have access to FADO shall enter into a binding and enforceable agreement with the Agency to not use FADO for the identification of individuals whose personal data is in FADO, pursuant to Article point (a) of 48(2) of Regulation (EU) 2018/1725.
2019/10/17
Committee: LIBE
Amendment 69 #
Proposal for a regulation
Article 80 d (new)
Article 80 d Repeal and transitional provisions 1. Joint Action 98/700/JHA is repealed with effect from the date of the effective implementation of the system by the European Border and Coast Guard Agency, to be determined by means of an implementing act adopted in accordance with the examination procedure referred to in Article 80i(2). 2. The General Secretariat of the Council shall transmit the current FADO data on genuine and false documents into the system.
2019/10/17
Committee: LIBE