Activities of Timothy KIRKHOPE related to 2013/2188(INI)
Plenary speeches (2)
US NSA surveillance programme, surveillance bodies in various Member States and impact on EU citizens' fundamental rights (debate)
US NSA surveillance programme, surveillance bodies in various Member States and impact on EU citizens' fundamental rights (debate)
Amendments (58)
Amendment 24 #
Motion for a resolution
Recital C
Recital C
C. whereas in September 2001 the world entered a new phase which resulted in the fight against terrorism being listed among the top priorities of most governments; whereas the revelations based on leaked documents from Edward Snowden, former NSA contractor, put democratically electedput political leaders under an obligation to address the challenges of the increasing capabilities of intelligence agencies in surveillance activities and their implications for the rule of law in a democratic society;
Amendment 25 #
Motion for a resolution
Recital D – introductory part
Recital D – introductory part
D. whereas the revelallegations since June 2013 have caused numerous concerns within the EU as to:
Amendment 29 #
Motion for a resolution
Recital D – point 4
Recital D – point 4
· the degree of cooperation and involvement of certain EU Member States with US surveillance programmes or equivalent programmes at national level as unveilalleged by the media;
Amendment 33 #
Motion for a resolution
Recital D – point 8
Recital D – point 8
Amendment 40 #
Motion for a resolution
Recital E
Recital E
E. whereas the unprecedented magnitude of the espionagealleged actions revealed requires full investigation by the US authorities, the European Institutions and Members States’ governments and national parliaments;
Amendment 48 #
Motion for a resolution
Recital G
Recital G
G. whereas it is the duty of the European InstitutCommissions to ensure that EU law is fully implemented for the benefit of European citizens and that the legal force of EU Treaties is not undermined by a dismissive acceptance of extraterritorial effects of third countries’ standards or actions;
Amendment 59 #
Motion for a resolution
Recital N
Recital N
N. wWhereas according to Article 67(3) TFEU the EU ‘shall endeavour to ensure a high level of security’; whereas the provisions of the Treaty (in particular the Treaty on European Union states that "competences not conferred upon the Union in the Treaties remain with the Member States" (Article 4(21) TEU, Article 72 TFEU and Article 73 TFEU) imply that the EU disposes of certain competences on matters relating to the collective security of the Union; whereas the EU has exercised competence in matters of internal security by deciding on a number of legislative instruments and concluding international agreements (PNR, TFTP) aimed at fighting serious crime and terrorism and by setting up an internal security strategy and agencies working in this field) and that the EU "shall respect essential State functions, including ensuring the territorial integrity of the State, maintaining law and order and safeguarding national security" as well stating that "national security remains the sole responsibility of each Member State" (Article 4(2) TEU);
Amendment 62 #
Motion for a resolution
Recital N a (new)
Recital N a (new)
Na. Whereas the Treaty on the Functioning of the European Union (Article 72 TFEU) state that "it shall be open to Member States to organise between themselves and under their responsibility such forms of cooperation and coordination as they deem appropriate between the competent departments of their administrations responsible for safeguarding national security." (Article 73 TFEU);
Amendment 63 #
Motion for a resolution
Recital N b (new)
Recital N b (new)
Nb. Whereas Article 276 TFEU states "in exercising its powers regarding the provisions of Chapters 4 and 5 of Title V of Part Three relating to the area of freedom, security and justice, the Court of Justice of the European Union shall have no jurisdiction to review the validity or proportionality of operations carried out by the police or other law-enforcement services of a Member State or the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security";
Amendment 64 #
Motion for a resolution
Recital O
Recital O
Amendment 65 #
Motion for a resolution
Recital O a (new)
Recital O a (new)
Oa. Whereas the European Union has competences in the area of law enforcement cooperation between Member States and international partners in relation to cross border issues, whereas this area has developed through the creation of TFTP and PNR agreements;
Amendment 66 #
Motion for a resolution
Recital O b (new)
Recital O b (new)
Ob. Whereas the European Treaties place the European Commission as the "Guardian of the Treaties", and therefore, it is the legal role of the European Commission to investigate any breaches of EU law;
Amendment 68 #
Motion for a resolution
Recital P
Recital P
P. whereas, under the ECHR, Member States’ agencies and even private parties acting in the field of national security under certain circumstances also have to respect the rights enshrined therein, be they of their own citizens or of citizens of other States; whereas this also goes for cooperation with other States’ authorities in the field of national security;
Amendment 72 #
Motion for a resolution
Recital R
Recital R
Amendment 76 #
Motion for a resolution
Recital S
Recital S
S. whereas the US data protection legal framework does notshould ensure an adequate level of protection for EU citizens;
Amendment 85 #
Motion for a resolution
Recital AJ a (new)
Recital AJ a (new)
AJa. whereas terrorist finance tracking is an essential tool in the fight against terrorism financing and serious crime, allowing counter terrorism investigators to discover links between targets of investigation and other potential suspects connected with wider terrorist networks suspected of financing terrorism;
Amendment 86 #
Motion for a resolution
Recital AK
Recital AK
Amendment 90 #
Motion for a resolution
Recital AM
Recital AM
AM. whereas during the LIBE delegation to Washington of 28-31 October 2013 the delegation met with the US Department of the Treasury; whereas the US Treasury officially stated that since the entry into force of the TFTP Agreethe US government (the NSA is in that sense considered part of the government it) hads not had access to data from SWIFT in the EU except within the framework of the TFTP; whereas the US Treasury refused to comment on whether SWIFT data would have been accessed outside TFTP by any obeen collecting and processing SWIFT data in any other way than as recognised in the agreement, whereas the US Department of the Treasury also gave assurances in relation to access to SWIFT formatted messages in accordance with other legal tools in place; whereas ther US government body or departDepartment of the Treasury did not comment or n whether the US administrationor not it was aware of NSA mass surveillance activities; whereas on 18 Dec24 September 2013 Mr Glenn GreenwEuropol and SWIFT officialds stated before the LIBE Committee inquiry that the NSA and GCHQ had targeted SWIFT networksre were no indications for a breach of the TFTP Agreement by the NSA;
Amendment 93 #
Motion for a resolution
Recital AP
Recital AP
AP. whereas the Joint Review fails to mention the fact that iArticle 13 of the agreement between the United States of America and the European Union on the cause of proceassieng of personal data for intelligence purposes, under US law, non- US citizens do not enjoy any judicial or administrative avenue to protect their rights, and constitutional protections are only granted to US persons; whereas this lack of judicial or administrative rights nullifies the protections for EU citizens laid down in the existing PNR agreementer name records to the United States Department of Homeland Security allows any individual regardless of nationality, country or origin, or place of residence, whose personal data and personal information has been processed and used in a manner inconsistent with the PNR Agreement, to seek effective administrative and judicial redress in accordance with US law;
Amendment 94 #
Motion for a resolution
Recital AR
Recital AR
AR. whereas the purpose of this general agreement is to establish the legal framework for all transfers of personal data between the EU and US for the sole purposes of preventing, investigating, detecting or prosecuting criminal offences, including terrorism, in the framework of police and judicial cooperation in criminal matters; whereas negotiations were authorised by the Council on 2 December 2010; whereas this agreement is of utmost importance and it would act as the basis to facilitate data transfer in the context of police and judicial cooperation and in criminal matters;
Amendment 95 #
Motion for a resolution
Recital AS
Recital AS
AS. whereas this agreement should provide for clear and precise legally binding data- processing principles and should in particular recognise EU citizens’' right to judicial access, rectification and erasure of their personal data in the US, as well as the right to an efficient administrative and judicial redress mechanism for EU citizens in the US and independent oversight of the data- processing activities;
Amendment 121 #
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 125 #
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 129 #
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 133 #
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 137 #
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 142 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls EU's firm belief in the need to strike the right balance between security measures and the protection of civil liberties and fundamental rights, while ensuring the utmost respect for privacy and data protection;
Amendment 144 #
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 151 #
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 157 #
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 165 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that the abovementioned concerns are exacerbated by rapid technological and societal developments; considers that, since internet and mobile devices are everywhere in modern daily life (‘'ubiquitous computing’') and the business model of most internet companies is based on the processing of personal data of all kinds that puts at risk the integrity of the person, the scale of this problem is unprecedented;
Amendment 168 #
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 178 #
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 199 #
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 246 #
Motion for a resolution
Paragraph 44
Paragraph 44
44. Takes the view that the information provided by the European Commission and the US Treasury does not clarify whether US intelligence agencies have access to SWIFT financial messages in the EU by intercepting SWIFT networks or banks’ operating systems or communication networks, alone or in cooperation with EU national intelligence agencies and without having recourse to existing bilateral channels for mutual legal assistance and judicial cooperationclarify that there were no elements showing that the US Government has acted in a manner contrary to the provisions of the Agreement, and that the US has provided written assurance that no direct data collection has taken place contrary to the provisions of the TFTP Agreement;
Amendment 247 #
Motion for a resolution
Paragraph 45
Paragraph 45
Amendment 295 #
Motion for a resolution
Paragraph 59
Paragraph 59
59. Strongly emphasises, given the importance of the digital economy in the relationship and in the cause of rebuilding EU-US trust, that the European Parliament will only consent to the final TTIP agreement provided the agreement fully respects fundamental rights recognised by the EU Charter, and that the protection of the privacy of individuals in relation to the processing and dissemin that the European Parliament should place a clear distinction between the TTIP negotiations and the allegations of personal data must continue to be governed by Article XIV of the GATSNSA mass surveillance programmes;
Amendment 310 #
Motion for a resolution
Paragraph 62
Paragraph 62
Amendment 316 #
Motion for a resolution
Paragraph 63
Paragraph 63
Amendment 318 #
Motion for a resolution
Paragraph 64
Paragraph 64
Amendment 327 #
Motion for a resolution
Paragraph 69
Paragraph 69
Amendment 341 #
Motion for a resolution
Paragraph 74
Paragraph 74
Amendment 346 #
Motion for a resolution
Paragraph 75
Paragraph 75
Amendment 347 #
Motion for a resolution
Paragraph 75
Paragraph 75
Amendment 351 #
Motion for a resolution
Paragraph 76
Paragraph 76
Amendment 352 #
Motion for a resolution
Paragraph 76
Paragraph 76
Amendment 391 #
Motion for a resolution
Paragraph 85
Paragraph 85
85. Calls on the Commission, to strengthen the technological European infrastructure and the European digital market and therefore in the framework of the next Work Programme of the Horizon 2020 Programme, to assess whether; more resources should be directed towards boosting European research, development, innovation and training in the field of IT technologies, in particular privacy-enhancing technologies and infrastructures, cryptology, secure computing, open-source security solutions and the Information Society in order to make email and telecommunications safer; to promote the internal market for European soft- and hardware, and to promote cryptophones and to encrypt communication infrastructures;
Amendment 439 #
Motion for a resolution
Paragraph 97 – indent 2
Paragraph 97 – indent 2
Amendment 460 #
Motion for a resolution
Paragraph 108
Paragraph 108
Amendment 487 #
Motion for a resolution
Paragraph 114 – point 3
Paragraph 114 – point 3
Amendment 492 #
Motion for a resolution
Paragraph 114 – point 4
Paragraph 114 – point 4
Amendment 499 #
Motion for a resolution
Paragraph 114 – point 5
Paragraph 114 – point 5
Amendment 501 #
Motion for a resolution
Paragraph 114 – point 5
Paragraph 114 – point 5
Action 5: Protect the rule of law and, the fundamental rights of EU citizens, with a particular focus on threats to the freedom of the press and professional confidentiality (including lawyer-client relations) as well as enhanced protection for whistleblowers;
Amendment 502 #
Motion for a resolution
Paragraph 114 – point 6
Paragraph 114 – point 6
Amendment 507 #
Motion for a resolution
Paragraph 114 – point 7
Paragraph 114 – point 7
Amendment 513 #
Motion for a resolution
Paragraph 115 – point 1
Paragraph 115 – point 1
Amendment 516 #
Motion for a resolution
Paragraph 115 – point 2
Paragraph 115 – point 2
Amendment 518 #
Motion for a resolution
Paragraph 115 – point 4
Paragraph 115 – point 4