Activities of Marietje SCHAAKE related to 2011/0023(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on the use of Passenger Name Record data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime
Amendments (10)
Amendment 40 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) United Nations Security Council Resolution 1566 recalled that States should prevent criminal acts, including against civilians, committed with the intent to cause death or serious bodily injury, or taking of hostages, with the purpose to provoke a state of terror in the general public or in a group of persons or particular persons, intimidate a population or compel a government or an international organization to do or to abstain from doing any act, which constitute offences within the scope of and as defined in the international conventions and protocols relating to terrorism, are under no circumstances justifiable by considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar nature, and calls upon all States to prevent such acts and, if not prevented, to ensure that such acts are punished by penalties consistent with their grave nature.
Amendment 73 #
Proposal for a directive
Recital 26
Recital 26
(26) Transfers of PNR data by Member States to third countries should be permitted only on a case-by-case basis, and in compliance with the revised Framework Decision 2008/977/JHA. To ensure the protection of personal data, such transfers should be subject to additional requirements relatdata should only be transferred with precise knowledge of the intended processing of the PNR data ing tohe the purpose of the transfer, the quality of the receiving authority and theird country, of the limits of access to the PNR-data of the competent authorities in the third country and their subsequent use and of other safeguards applicable to the personal data transferred to the third country.
Amendment 156 #
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
Amendment 157 #
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the transfer is necessary for the purposes of this Directive specified in Article 1(2), and
Amendment 158 #
Proposal for a directive
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(ba) the receiving authority in the third country or receiving international body is responsible for the prevention, investigation, detection or prosecution of international terrorist acts or serious transnational criminal acts,
Amendment 159 #
Proposal for a directive
Article 8 – paragraph 1 – point b b (new)
Article 8 – paragraph 1 – point b b (new)
(bb) the request of the receiving authority in the third country or receiving international body has been dependent on a court or an independent administrative body whose decision seeks to limit access to the data in the third country and their use to what is strictly necessary for the purpose of attaining the objective pursued and which intervenes following a reasoned request of those authorities submitted within the framework of preventing, investigating, detecting or prosecuting international terrorist acts or serious transnational criminal acts,
Amendment 160 #
Proposal for a directive
Article 8 – paragraph 1 – point b c (new)
Article 8 – paragraph 1 – point b c (new)
(bc) the Member State from which the data were obtained has given its consent to transfer in compliance with its national law,
Amendment 161 #
Proposal for a directive
Article 8 – paragraph 1 – point b d (new)
Article 8 – paragraph 1 – point b d (new)
(bd) the period of retention in the third country or international body is based on objective criteria in order to ensure that it is limited to what is strictly necessary,
Amendment 162 #
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) the third country receiving the data agrees to transfer the data to another third country only where it is necessary for the purposes of this Directive specified in Article 1(2) and only with the express authorisaif the conditions of the Member StateArticle 8(a) are met.
Amendment 201 #
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12 a Sunset Clause 1. This directive shall cease to apply ...*. 2. In addition, the application, impact and effectiveness of this Directive shall be subject to independent review, evaluation and oversight by one or more of the following entities: (a) the European Parliament; (b) the Commission; (c) the Committee referred to in Article 14 of this Directive. This process should be finished within ...**. ______________ * OJ: please insert a date: 4 years after entry into force of this Directive. ** OJ: please enter a date: 3 years after entry into force of this Directive.