6 Amendments of Claude MORAES related to 2008/2020(INI)
Amendment 6 #
Proposal for a recommendation
Recital B - paragraph 1
Recital B - paragraph 1
B. Whereas ethnic profiling, which has a specifically racial or ethnic basis and thus raises deep concerns about conflict with non-discrimination norms, can be defined as:
Amendment 10 #
Proposal for a recommendation
Recital F
Recital F
F. Whereas both, descriptive and predictive profiling, may be legitimate investigative tools when they are based on specific, reliable and timely information reflecting “factors that are statistically proven to correlate with certain criminal conduct”1, and when the actions taken on the basis of such profiles meet the legal tests of necessity and proportionality; 1 Ibid.Or. en
Amendment 16 #
Proposal for a recommendation
Paragraph 1 – point b
Paragraph 1 – point b
(b) the collection ofand retention of sensitive personal data and use of profiling techniques in respect of persons not suspected of a specific crime or threat must be subject to a particularly strict “necessity” and “proportionality” test;
Amendment 20 #
Proposal for a recommendation
Paragraph 1 – point e a (new)
Paragraph 1 – point e a (new)
(ea) the creation of a high standard of protection for nominal personal data (data linked to an identifiable individual) does not preclude the generation of statistical data including variables on ethnicity, ‘race’, religion, and national origin that is necessary to identify indirect discrimination including disproportionate and unjustified outcomes of law enforcement practices; ethnic statistics are an essential tool to enable the detection of law enforcement practices that focus disproportionate, unwarranted and unjustified law enforcement attention on ethnic minorities;
Amendment 22 #
Proposal for a recommendation
Paragraph 1 – point g a (new)
Paragraph 1 – point g a (new)
(ga) the Council should request that the Working Party on the Protection of Individuals with regard to the processing of Personal Data (Article 29 Working Party) should issue an opinion providing guidance to Member States on the collection of anonymous statistical data on ethnicity and law enforcement; such data is vital in order to detect, monitor and address ethnic profiling practices at the national and local level in Member States;
Amendment 24 #
Proposal for a recommendation
Paragraph 1 – point j
Paragraph 1 – point j
1. Addresses the following recommendations to the Council: (-a) existing EC legislation should be examined for the scope it gives for profiling, particularly with reference to the forthcoming Council of Europe draft Recommendation on Profiling1, and law reform should be considered if necessary to avoid any infringement of fundamental rights; the Fundamental Rights Agency should be charged with undertaking such a study in conjunction with the European Data Protection Supervisor; (a) all processing of personal data for law enforcement and anti-terrorist purposes must be based on published legal rules which are clear, specific and binding and subject to close and effective supervision by independent data protection authorities; (b) the collection of data and use of profiling techniques in respect of persons not suspected of a specific crime or threat must be subject to a particularly strict “necessity” and “proportionality” test; (c) factual and intelligence data, and data on different categories of data subjects, should be clearly distinguished; (d) access to police and secret service files should be allowed only on a case-by-case basis, for specified purposes, and be under judicial control in the Member States; (e) there must be time limits on the retention of personal information; (f) the collection of data on individuals 1 Council of Europe, draft Recommendation on the Protection of Individuals with Regard to Automatic Processing of Personal data in the Framework of Profiling, forthcoming. solely on the basis that they have a particular racial or ethnic origin, religious conviction, sexual orientation or behaviour, political opinions or are members of particular movements or organisations which are not proscribed by law should be prohibited; (g) reliance by private or public bodies on computers to take decisions on individuals without human assessment should only be allowed exceptionally under strict safeguards; (h) there must be strong safeguards established by law which ensure appropriate and effective judicial and parliamentary scrutiny of the activities of the police and the secret services, including their counter-terrorism activities; (i) in view of the possible consequences for individuals, redress must be effective and accessible with clear information to the data subject on the applicable procedures accompanied by rights of access and rectification; (j) existing EC legislation should be examined for the scope it gives for profiling, and law reform should be considered if necessary to avoid any infringement of fundamental rights; the Fundamental Rights Agency should be charged with undertaking such a study in conjunction with the European Data Protection Supervisor;