38 Amendments of Sophia IN 'T VELD related to 2022/2025(INI)
Amendment 4 #
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to the European Data Protection Supervisor’s Opinion 8/2022 on the Recommendation for a Council decision authorising the opening of negotiations for a cooperation agreement between the EU and Interpol,
Amendment 7 #
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
— having regard to INTERPOL’s Rules on the Processing of Data,
Amendment 8 #
Motion for a resolution
Citation 7 c (new)
Citation 7 c (new)
— having regard to Resolutions 2161/2017 and 2315/2019 of the Parliamentary Assembly of the Council of Europe,
Amendment 22 #
Motion for a resolution
Recital C
Recital C
C. whereas Interpol is one of the largest inter-governmental criminal police organisations and has an important role to play all over the world; whereas the Commissionuncil adopted a mandate for the Commission to negotiate, on behalf of the EU, is seeking reinforceda cooperation agreement with Interpol, including access to Interpol databases and the strengthening of operational and strategic cooperation: whereas it is paramount to ensure that measures are put in place to guarantee the integrity and correctness of data in practice;
Amendment 41 #
Motion for a resolution
Recital H
Recital H
H. whereas the new agreement should establish a modern and coherent framework for the EU’s agencies’ cooperation with Interpol, taking into account the latest developments in combating terrorism and cross-border, transnational, serious and organised crime; whereas the agreement should respond to current operational needs, as well as to the EU’s latest data protection regime and provide the legal basis for the exchange of operational information and access to relevant Interpol databases, while fully respecting the EU’s data protection regime, including Regulation (EU) 2016/679 (GDPR), Regulation (EU) 2018/1725 (EUDPR), and Directive (EU) 2016/680 (LED);
Amendment 52 #
Motion for a resolution
Recital K
Recital K
K. whereas internationgovernmental, international, and non-governmental organisations continue to report abuses by some states of Interpol’s notice system in order to persecute national human rights defenders, civil society activists and journalists in violation of international standards on human rights; whereas according to reports by international actors, Interpol has significantly reformed and strengthened its red notices review processes, as well as its support systems for national central bureaus in member countries, reformed the setup and functioning of the Commission for the Control of Files, enforcing its complaints mechanism, appointed a data protection officer and implemented a learning and knowledge-sharing programme; whereas despite those reforms, serious concerns remain related to possible abuses of the Interpol system impacting on fundamental rights as recent reports also still emphasise the need for more legal safeguards, more transparency, and better implementation of reforms;
Amendment 56 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas Article 3 of the Interpol constitution prohibits any intervention or activity of apolitical, military, religious or racist character; whereas abuses in high profile cases by multiple member countries of Interpol have still been observed in recent years; whereas politically motivated extraditions especially are often triggered by the abusive issuing of a ‘Red Notice’ or “wanted person diffusion” through Interpol; whereas scarce information is made available by Interpol on the manner in which it reviews Red Notices, its administrative ability to do so, and the outcomes of these reviews, leading to a lack of transparency as regards how Interpol works towards effectively countering politically motivated red notices;
Amendment 63 #
Motion for a resolution
Recital L
Recital L
L. whereas Russianumerous undemocratic countries still remains a member countries of Interpol and whereas cooperation with the European Union and Interpol members is based on trust; whereas trust between parties relies on the swift tackling of misuse of Interpol notices by countries seeking to use Interpol systems for political ends; whereas, in this context, Interpol’s systems must respect human rights and the rule of law, and uphold its commitments on political, religious or military abuse;
Amendment 67 #
Motion for a resolution
Recital L a (new)
Recital L a (new)
L a. whereas Russia’s invasion of Ukraine is a direct threat to international law enforcement cooperation and its continued access to Interpol’s databases a threat to the integrity of the EU’s cooperation with Interpol; whereas Russia is responsible for more than a third of the amount of Red Notices worldwide;
Amendment 68 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that European values and fundamental rights must be the basis of European security policies, ensuring respect for the principles of necessity, proportionality and legality and safeguarding accountability and judicial redress, while enabling effective protection of individuals, particularly the most vulnerable; recalls, further, that these principles should be at the core of the development of digitalisation in the area of justice and security and the development of the interoperability framework for the many systems in justice and security, including borders; stresses that these principles should be at the core of the negotiations between the EU and Interpol on a cooperation agreement;
Amendment 74 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 76 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Stresses that the subject matter of this envisaged agreement would fall in particular in the field of instruments on data protection, and that therefore the Council Decision on the possible conclusion of this envisaged agreement should be based on Article 16 TFEU;
Amendment 84 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. RecommendStresses that the Commission provide during the negotiations on controlled access to Interpol’s databases by EU Member States and EU agencies the necessary safeguards and guarantees to ensure full compliance with the EU data protection framework and fundamental rights; stresses that as regards controlled access the agreement should at least provide the safeguards already provided for by the Europol RegulationInteroperability Regulations and the ETIAS Regulation so that any automated queries of Interpol’s databases are carried out in such a way that no information is revealed to the State owner of the Interpol alert;
Amendment 87 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recommends that the Commission provide during the negotiations on controlled access to Interpol’s databases by EU Member States and EU agencies the necessary safeguards and guaranteesconcrete, specific and effective safeguards and guarantees for each type of cooperation included in the envisaged agreement, to ensure full compliance with the EU data protection framework and fundamental rights; stresses that the agreement should at least provide the safeguards already provided by the Europol Regulation;
Amendment 90 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Recommends that the Commission explicitly clarifies that there will be no reciprocal direct or indirect access by Interpol to the EU databases;
Amendment 91 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Recommends that the Commission negotiate with Interpol requirements relating to a high level of the quality and verifiability of information in Interpol’s databases and of the transparency of information sources.
Amendment 93 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recommends special vigilance during the negotiations due to the sensitivity of thepersonal data concerned and to the number of third countriesy members of Interpol, which are not party to that do not offer an adequivalent agreement with the EU or whose authorities to which personal data is intended to be transferred are not covered by a Commission adequacy decisionate level of data protection, in line with Regulation 2016/679 (GDPR);
Amendment 103 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recommends that the Commission ensure strictly that the level of personal data protection and the protection of individuals’ fundamental rights and freedoms currently guaranteed under EU primary and secondary law is maintained in exchanges of personal data with Interpol; the Commission’s negotiation strategyenvisaged cooperation agreement should not lead to a weakening of the fundamental rights and freedoms of natural persons, and in particular of their rights to data protection and to privacy;
Amendment 109 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recommends that the Commission guarantee that the transfer of personal data is adequate, relevant and limited to what is strictly necessary for the purpose for which it has been transferred, in line with the EU’s data protection regime, including Regulation (EU) 2016/679 (GDPR), Regulation (EU) 2018/1725 (EUDPR), and Directive (EU) 2016/680 (LED);
Amendment 120 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recommends that the Commission ensure an independent oversight system for the use by Interpol of personal data collected by consulting EU systems; of personal data queried via Interpol databases by EU agencies and bodies, with effective powers of investigation, intervention and enforcement, and powers to hear and act upon complaints from individuals about the use of their personal data;
Amendment 127 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recommends that the Commission ensure the effective and enforceable rights to administrative and judicial redress for any person whose data are processed under this agreement and that it guarantee effective remedies;
Amendment 129 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Stresses that the envisaged agreement should clearly outline the procedures regarding the obligation of Interpol to notify in the event of a personal data breach, and a description of the minimum information to be provided when notifying the breach; considers that in such a case Interpol should without undue delay notify the relevant competent authorities and oversight bodies and, wherever necessary, data subjects;
Amendment 133 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that cooperation and information sharing are important tools to combat crime and terrorism and pursue justice, but they need to be targeted and used with predefined common safeguards and checks; underscores that they should address fundamental rights challenges in particular by enhancing data quality, mitigating bias, detecting errors and avoiding any form of discrimination in the decision-making process;
Amendment 139 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Stresses that the envisaged agreement should clearly set out which EU agencies should have access rights to which specific database of Interpol, and for which of their specific tasks and specific purposes; considers that the envisaged agreement should not create an obligation for EU agencies to cooperate with Interpol beyond what is already set out in relevant Union law;
Amendment 149 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recommends limiting the application of derogations for onward transfers to the cases already allowed for EU agencies and bodies concerned when transferring personal data; stresses that the specific requirements under the Regulations establishing the concerned EU agencies or bodies are fully respected, including the specific provisions related to the transfers of operational data by Europol and EPPO;
Amendment 154 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recommends that the agreement ensure that transfers must be necessaryof personal data must be subject to confidentiality obligations, and necessary and proportionate for the purposes specified in the agreement, namely prevention, investigation, detection or prosecution of criminal offences, safeguarding against threats to public security and protecting external borders;
Amendment 157 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recommends that the agreement explicitly lay down that personal data transferred by the EU to Interpol will not be used to request, hand down or execute a death penalty or any form of cruel and inhuman treatment, or if there is any risk to this;
Amendment 163 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses, with a view to future cooperation, that despite recent reforms transparency remains a challenge both at the individual and the organisational level in Interpol, as does a lack of available statistical information on the operation of its notices systems; encouragesconsiders that the Commission, therefore, to take actions to ensure that should only conclude the agreement once Interpol furtherhas developsed and implemented the legal framework and substantive tools allowing consistent and transparent processing of requests, reviews, challenges, corrections and deletions;
Amendment 168 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission, in the context of this agreement, to explore possible waysStresses that before concluding this agreement, the Commission should develop and implement a legal and institutional framework for the way in which the ESP could addresses the problem of politically-motivated red notices, which in practice would be one of tools that could prove effective against politically motivated red notice requests in some situations;
Amendment 170 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
Amendment 171 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Stresses that before the Commission concludes this envisaged agreement with Interpol, Interpol should develop public risk profiles of Red Notice requesting countries, based on yearly statistical annual data on processing of requests for Red Notices, which would allow for the evaluation of the risk of abuse by the requesting countries, and which would contribute to evaluate the effectiveness of the enforcement mechanisms of Interpol;
Amendment 174 #
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23 b. Calls on the Commission to work also internally, making use of existing technical tools available in the EU Security Framework, to establish a verification mechanism for EU Member States to exchange information on the identification and removal of politically motivated Red Notices, on best practices in this field, and on risk profiles third countries creating Red Notices.
Amendment 179 #
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23 c. Calls on the Commission to recognise the risk of undemocratic countries systematically undermining the trust-based international law enforcement cooperation by abusing the tools provided by Interpol; Calls further on the Commission to encourage Interpol to increase its efforts ineffectively countering this misconduct;
Amendment 185 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes the announcement by Interpol’s Secretary-General that it would implement enhanced monitoring measures to identify and prevent further abuse of Interpol’s systems by Russia; remains concerned, however, that monitoring alone will not fully mitigate the risks of Russian abuse; stresses, therefore, that given the current special circumstances, including Russia’s blatant breaches of international law and disregard for the rules based international system, Interpol should take immediate and firm measures to exclude the Russian Federation from the organisation’s access to Interpol’s systems;
Amendment 188 #
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Recommends the Commission to urge Interpol’s General Secretariat to submit to the Executive Committee a proposal for corrective measures for the Russian Federation according to Article 131(3) of Interpol’s Rules on the Processing of Data, including suspension of the access rights of the Russian National Central Bureau;
Amendment 196 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Considers that the envisaged agreement should contain a clause on a review report by the Commission three years after entry into force, and thereafter every three years, assessing the effective implementation of the Agreement, respect of fundamental rights, and containing quantitative evidence of the effectiveness of the Agreement, including statistics on the number of criminals arrested and convicted with help of Interpol data;
Amendment 198 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Recommends that any dispute settlement to be negotiated falls under the ultimate jurisdiction of the Court of Justice of the European Union;
Amendment 199 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission to report to Parliament on the conduct and the outcome of the negotiations both on a regular basis and whenever requested by the Council; Recalls that Parliament has consenting power to the conclusion of the envisaged cooperation agreement and that it should thus be closely involved in the negotiating process; Calls on the Commission to ensure that reporting to Parliament is part of the monitoring and evaluation mechanisms foreseen in the cooperation agreement;