12 Amendments of Dominique VLASTO related to 2011/0023(COD)
Amendment 33 #
Proposal for a directive
Recital 14
Recital 14
(14) The contents of any lists of required PNR data to be obtained by the Passenger Information Unit must correspond to the passenger data which the airlines have already compiled and processed for commercial purposes and should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent, detect, investigate and prosecute terrorist offences or serious crime, thereby improving internal security within the Union as well as protecting the fundamental rights of citizens, notably privacy and the protection of personal data. Such lists should not contain any personal data that could reveal racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or data concerning health or sexual life of the individual concerned. The PNR data should contain details on the passenger’s reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security.
Amendment 38 #
Proposal for a directive
Recital 15
Recital 15
(15) There are two possible methods of data transfer currently available: the ‘pull’ method, under which the competent authorities of the Member State requiring the data can reach into (access) the air carrier’s reservation system and extract (‘pull’) a copy of the required data, and the ‘push’ method, under which air carriers transfer (‘push’) the required PNR data to the authority requesting them, thus allowing air carriers to retain control of what data is provided. The ‘push’ method is considered to offers a higher degree of data protection and should be mandatory for all air carriers, two years after the entry into force of this Directive, for all air carriers which already collect and process PNR data for commercial purposes and operate international flights to or from the territory of the Member States of the European Union.
Amendment 66 #
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
b) ‘international flight’ means any scheduled or non-scheduled flight by an air carrier planned to land on the territory of a Member State originating in a third country or to depart from the territory of a Member State with a final destination in a third country, including in both cases any transfer orany transit flights;
Amendment 74 #
Proposal for a directive
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
f) ‘push method’ means the method whereby air carriers transfer the required PNR data into the database of the authority requesting them;
Amendment 79 #
Proposal for a directive
Article 2 – paragraph 1 – point f a (new)
Article 2 – paragraph 1 – point f a (new)
(f a) ‘pull method’ means the method whereby the requesting authority accesses the database of the airline’s reservation system directly and extracts passengers’ data from it;
Amendment 105 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall adopt the necessary measures to ensure that air carriers which already collect PNR data from their passengers can transfer ('push') the PNR data as defined in Article 2(c) and specified in the Annex, to the extent that such data are already collected by them, to the database of the national Passenger Information Unit of the 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.
Amendment 118 #
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
a) once, 24 to 48 hours before the scheduled time for flight departure;
Amendment 121 #
Proposal for a directive
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
b) once, immediately after flight closure, that is once the passengers have boarded the aircraft in preparation for departure and it is no longer possible for further passengers to board.
Amendment 155 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure, in conformity with their national law, that dissuasive, effective and proportionate penalties, including financial penalties, are provided for against air carriers which, do not transmit the data required under this Directive, to the extent that they are already collected by the them, or do not do so in the required formatformat prescribed by the ICAO guidelines on PNR or otherwise infringe the national provisions adopted pursuant to this Directive. Particular account should be taken, however, of situations in which a third country’s competent authorities might refuse to allow air carriers to transfer the PNR data in question.
Amendment 162 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Any processing by Passenger Information Units of PNR data revealing a person’s race or ethnic origin, religious or philosophical belief, political opinion, trade union membership, health or sexual life shall be prohibited. In the event that PNR data revealing such information are received by the Passenger Information Unit they shall be deleted immediately.
Amendment 165 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. All processingtransfers of PNR data by air carriers, all transfersprocessing of PNR data by Passenger Information Units and all requests by competent authorities or Passenger Information Units of other Member States and third countries, even if refused, shall be logged or documented by the Passenger Information Unit and the competent authorities for the purposes of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security of data processing, in particular by the national data protection supervisory authorities. These logs shall be kept for a period of five years unless the underlying data have not yet been deleted in accordance with Article 9(3) at the expiry of those five years, in which case the logs shall be kept until the underlying data are deleted.
Amendment 170 #
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Member States shall ensure that, air carriers, their agents or other ticket sellers for the carriage of passengerst the time of booking a flight and at the time of purchase onf air service inform ticket, passengers of international flights at the time of booking a flight and at the time of purchase of a ticketre informed in a clear and precise manner about the provision of PNR data to the Passenger Information Units, the purposes of their processing, the period of data retention, their possible use to prevent, detect, investigate or prosecute terrorist offences and serious crime, the possibility of exchanging and sharing such data and their data protection rights, in particularsuch as the right to access, correct, erase and block data and the right to complain to a national data protection supervisory authority of their choice. The same information shall be made available by the Member States to the public.