33 Amendments of Carmen ROMERO LÓPEZ related to 2013/2188(INI)
Amendment 12 #
Motion for a resolution
Recital A
Recital A
A. whereas the ties between Europeprivacy is not a luxury right, but the fundament of a free and democratic society and whereas, given that the European Union's core aim is to promote freedom of the individual, security measures, including counterterrorism measures, must be pursued through the rule of law and must be subject to fundamental rights obligations, thereby making mass surveillance per se incompatible with the very nature of a democratic society and whereas the ties between the European Union and the United States of America are based on the spirit and these principles of democracy, rule of law, liberty, justice and solidarity;
Amendment 45 #
Motion for a resolution
Recital F
Recital F
F. whereas the US authorities have denied some of the information revealed but not contested the vast majority of it; whereas the public debate has developed on a large scale in the US and in a limited number ofcertain EU Member States; whereas EU governments too often remain silent and fail to launch adequate investigations;
Amendment 47 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas in comparison to actions taken by both EU institutions and by certain EU Member States, the European Parliament has taken very seriously its obligation to shed light on the revelations on the indiscriminate practices of mass surveillance of EU citizens and, by its resolution of 4 July 2013 on the US National Security Agency surveillance programme, surveillance bodies in various Member States and their impact on EU citizens, instructed its Committee on Civil Liberties, Justice and Home Affairs to conduct an in-depth inquiry into the matter;
Amendment 51 #
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. Whereas, according to an open memorandum submitted to President Obama by Former NSA Senior Executives/Veteran Intelligence Professionals for Sanity (VIPS) on 7th January 2014 27 a the massive collection of data does not enhance its ability to prevent future terrorist attacks; whereas, they stress that mass surveillance conducted by the NSA has resulted in the prevention of zero attacks and that billions have been spent in programs which are less effective and hugely more intrusive on citizens' privacy than an in- house technology called THINTHREAD that was built in 2001; __________________ 27a http://consortiumnews.com/2014/01/07/ nsa-insiders-reveal-what-went-wrong/
Amendment 57 #
Motion for a resolution
Recital M
Recital M
M. whereas fundamental rights, notably freedom of expression, of the press, of thought, of conscience, of religion and of association, private life, data protection, as well as the right to an effective remedy, the presumption of innocence and the right to a fair trial and non-discrimination, as enshrined in the Charter on Fundamental Rights of the European Union and in the European Convention on Human Rights, are cornerstones of democracy; and whereas mass surveillance of human beings is incompatible with these cornerstones;
Amendment 143 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers it dangerous to establish a serious crime prevention system not subject to judicial control and involving the use of data and metadata concerning any individual not justifiably under suspicion; notes that mass data collection for crime fighting purposes might lead to the creation of police states;
Amendment 174 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Commends the current discussions, inquiries and reviews concerning the subject of this inquiry in several parts of the world; points to the Global Government Surveillance Reform signed up to by the world’s leading technology companies, which calls for sweeping changes to national surveillance laws, including an international ban on bulk collection of data to help preserve the public’s trust in the internet; notes with great interest the recommendations published recently by the US President’s Review Group on Intelligence and Communications Technologies; strongly urges governments to take these calls and recommendations fully into account and to overhaul their national frameworks for the intelligence services in order to implement appropriate safeguards and oversight;
Amendment 180 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Attaches great importance to the work of the LIBE Committee members, who have for some time been expressing concern at the massive exchange of data and the non-participation of the European Parliament in the negotiation of agreements with the United States;
Amendment 184 #
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Calls on EU Member States to thoroughly examine the possibility of granting whistleblowers international protection from prosecution;
Amendment 187 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the US authorities and the EU Member States to prohibit blanket mass surveillance activities and bulk processing of personal data as well as to stop all on- going indiscriminate practices of mass surveillance;
Amendment 191 #
Motion for a resolution
Paragraph 19 – subparagraph 1 (new)
Paragraph 19 – subparagraph 1 (new)
Calls on all EU Member States, and in particular those participating in the so- called "9-eyes" and "14-eyes" programmes, to comprehensively evaluate and revise their national legislation and practices governing the activities of intelligence services – including their (strategic) surveillance powers, authorisation procedures and oversight mechanisms - so as to ensure that they are in line with the standards of the European Convention on Human Rights and comply with their fundamental rights obligations as regards data protection, privacy, presumption of innocence, the necessity and proportionality of surveillance activities, as well as parliamentary and judicial oversight, as also set out in the UN compilations of good practices 38e and the recommendations of the Venice Commission 38f; __________________ 38e UN Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Combating Terrorism 2010, Compilation of good practices on legal and institutional frameworks and measures that ensure respect for human rights by intelligence agencies, UN General Assembly, A/HRC/14/46, 17 May 2010. 38f European Commission for Democracy Through Law (Venice Commission), Report on Democratic Oversight of the Security Services in Council of Europe States, Study 388/2006, June 2007 (update due in spring 2014).
Amendment 193 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the UK to revise its national legislation and practices governing the activities of intelligence services so as to ensure that they are in line with the standards of the European Convention on Human Rights and comply with their fundamental rights obligations as regards data protection, privacy and presumption of innocence; in particular, given the extensive media reports referring to mass surveillance in the UK, would emphasise that the current legal framework which is made up of a 'complex interaction' between three separate pieces of legislation – the Human Rights Act 1998, the Intelligence Services Act 1994 and the Regulation of Investigatory Powers Act 2000 – should be revised;
Amendment 194 #
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Calls on Germany to revise the law on the German foreign intelligence service (BND) and the G-10 Law by making them more specific, reinforcing the rights of all persons whose communications are intercepted, providing for more public information in particular as to the activities of the G10 Commission, reinforcing the technical capabilities and investigative powers of the parliamentary oversight bodies, and adjusting the laws to the developments regarding internet technology and use;
Amendment 195 #
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19c. Calls on France to reinforce the system of checks and balances in the field of intelligence activities so as to ensure it is in line with the European Convention on Human Right's requirements, to strengthen its general oversights mechanisms, both as regards the ex ante authorisation procedures, the involvement of the Parliament in monitoring of intelligence activities and the reinforcement of technical capabilities and investigate powers of the latter. Moreover encourages the National Commission for the Control of Security Interceptions (CNIS), independent administrative authority to monitor more closely and effectively the processing of data collected by the various intelligence agencies. Urges France to clarify the situation on allegations regarding potential agreements between intelligence services and telecommunication companies as regard access to and exchange of personal data and access to communication facilities including Transatlantic cables. Takes notes of the adoption of the "Loi de programmation militaire 2014-2019" in December 2013 clarifying the framework according to which intelligence services may have access to communication data, with regards to fighting against terrorism;
Amendment 196 #
Motion for a resolution
Paragraph 19 d (new)
Paragraph 19 d (new)
19d. Calls on Sweden to revise the internet laws which authorised the National Defence Radio Establishment (FRA) to monitor communications traffic into and out of Sweden, cable bound as well as in the ether (radio and satellite), including emails, text messages and telephone calls and Act on signals intelligence which allows for the bulk transfer of data to other states if authorised by the Government, in order to specify the means and the scope of the surveillance and to improve the foreseeability of law which would enable an individual to foresee whether their communication or data about their communication is collected by FRA; recommends further to reinforce the system of checks and balances in oversight of the signals intelligence by including at the composition of the Inspection for Defence Intelligence Operations the parliamentarians in office;
Amendment 197 #
Motion for a resolution
Paragraph 19 e (new)
Paragraph 19 e (new)
19e. Takes note of the review of the Dutch Intelligence and Security Act 2002 (report by the "Dessens Commission" of 2 December 2013); supports those recommendations of the review commission which aim to strengthen the transparency of and the control and oversight on the Dutch intelligence services; calls on the Netherlands to refrain from extending the powers of the intelligence services so that untargeted and large-scale surveillance could also be performed on cable-bound communications of innocent citizens, especially given the fact that one of the biggest Internet Exchange Points in the world is located in Amsterdam (AMS-IX); calls for caution in defining the mandate and capabilities of the new Joint Sigint Cyber Unit, as well as for the presence and operation by US intelligence personnel on Dutch territory;
Amendment 198 #
Motion for a resolution
Paragraph 19 f (new)
Paragraph 19 f (new)
19f. Calls on Poland to revise data protection legislation in particular as far as their access by different (law enforcement or intelligence) authorities to citizens' personal data from various sources is concerned) and introduce an independent supervisory mechanism over their activity, notably in the area of intelligence and general crime prevention; strongly recommends that Poland properly applies freedom of information laws with respect to national security issues ; recommends further that any freedom of information requests shall be duly and adequately treated, notably when relevant for explaining government involvement in programs of mass surveillance and for thereby holding decision-makers accountable;
Amendment 242 #
Motion for a resolution
Paragraph 42
Paragraph 42
42. Calls on the Commission to conduct before the end 2014 an in-depth assessment of the existing Mutual Legal Assistance Agreement, pursuant to its Article 17, in order to verify its practical implementation and, in particular, whether the US has made effective use of it for obtaining information or evidence in the EU and whether the Agreement has been circumvented to acquire the information directly in the EU, and to assess the impact on the fundamental rights of individuals; such an assessment should not only refer to US official statements as a sufficient basis for the analysis but be based on specific EU evaluations; this in-depth review should also address the consequences of the application of the Union’s constitutional architecture to this instrument in order to bring it into line with Union law, taking account in particular of Protocol 36 and Article 10 thereof and Declaration 50 concerning this protocol; calls on the Council and Commission also to assess bilateral agreements between Member States and the United States so as to ensure that they are consistent with the agreements that the EU follows or decides to follow with the United States;
Amendment 244 #
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 cooperation; notes that it also fails to clarify whether these agencies have had access to PNR;
Amendment 256 #
Motion for a resolution
Paragraph 46
Paragraph 46
46. Calls on the European Commission to react to concerns that three of the major computerised reservation systems used by airlines worldwide are based in the US and that PNR data are saved in cloud systems operating on US soil under US law, which lacks data protection adequacy; calls on it to suspend the PNR agreement also until the situation which prompted this Committee of Inquiry has been remedied;
Amendment 257 #
Motion for a resolution
Paragraph 46
Paragraph 46
46. Calls on the European Commission to react to concerns that three of the major computerised reservation systems used by airlines worldwide are based in the US and that PNR data are saved in cloud systems operating on US soil under US law, which lacks data protection adequacy; states that this, in addition to other points, undermines the legitimacy of the EU US PNR agreement and therefore calls on the European Commission to immediately start a consultation procedure with their US counterparts under Article 24 of the agreement with a view to clarify whether or not PNR data have been compromised; Calls on the European Commission to make full use of their powers under Article 24 to suspend the application of the Agreement if no satisfactory answers can be obtained or PNR data have indeed been compromised;
Amendment 276 #
Motion for a resolution
Paragraph 53
Paragraph 53
53. Notes that trust in US cloud computing and cloud providers has been negatively affected by the abovementioned practices; emphasises, therefore, the development of European clouds as an essential element for growth and employment and trust in cloud computing services and providers and for ensuring a high level of personal data protection, as they entail a serious violation of the fundamental right of EU citizens and residents to privacy and data protection, as well as of the right to private and family life, the confidentiality of communications, the presumption of innocence, freedom of expression, freedom of information, and the freedom to conduct business; emphasises, therefore, the development of European clouds as an essential element for growth and employment and trust in cloud computing services and providers and for ensuring a high level of personal data protection; takes the view, therefore, that public authorities, as well as non- governmental services and the private sector, should, as far as possible, rely on EU cloud providers when processing sensitive data and information until satisfactory global rules on data protection have been introduced, ensuring the security of sensitive data, and of data bases, held by public entities;
Amendment 278 #
Motion for a resolution
Paragraph 54 a (new)
Paragraph 54 a (new)
54a. Stresses the need to address the challenges raised by cloud computing at an international level, in particular as regards government intelligence surveillance and necessary safeguards; stresses in particular that EU citizens subject to intelligence surveillance by third country authorities should benefit from at least the same safeguards and remedies as are available to citizens of the third country concerned;
Amendment 281 #
Motion for a resolution
Paragraph 56 a (new)
Paragraph 56 a (new)
56a. Urges the Commission, when negotiating international agreements that involve the processing of personal data, to take particular note of the risks and challenges that cloud computing poses to fundamental rights, in particular – but not exclusively – the right to private life and to the protection of personal data, as laid down in Articles 7 and 8 of the Charter of Fundamental Rights of the European Union; urges, furthermore, the Commission to take note of the negotiating partner's domestic rules governing the access of law enforcement and intelligence agencies to personal data processed through cloud computing service, in particular by demanding that such access for law enforcement and intelligence authorities only be granted with full respect for the due process of law and on an unambiguous legal basis, as well as the requirement that the exact conditions of access, the purpose of gaining such access, the security measures put in place when handing over data and the rights of the individual, as well as the rules for supervision and for an effective redress mechanism, be specified;
Amendment 283 #
Motion for a resolution
Paragraph 56 b (new)
Paragraph 56 b (new)
56b. Underlines that particular assistance must be given to small and medium-sized enterprises which increasingly rely on 'cloud computing' technology when processing personal data, and which may not always have the resources or the expertise to address security challenges adequately;
Amendment 284 #
Motion for a resolution
Paragraph 57
Paragraph 57
57. Recalls that all companies providing services in the EU must, without exception, comply with EU law and are liable for any breaches and underlines the importance of having effective, proportionate and dissuasive administrative sanctions that may be imposed on 'cloud computing' service providers that do not comply with EU data protection standards;
Amendment 290 #
Motion for a resolution
Paragraph 58
Paragraph 58
58. Recognises that the EU and the US are pursuing negotiations for a Transatlantic Trade and Investment Partnership, which iscould be of major strategic importance for creating further economic growth and for the ability of both the EU and the US to set future global regulatory standards;
Amendment 307 #
Motion for a resolution
Paragraph 61 a (new)
Paragraph 61 a (new)
61a. Considers that the European Parliament must have full powers to conduct parliamentary inquiries and is of the opinion that the powers conferred to it by its current Rules of Procedure cannot be compared to such a proper oversight mechanism which would include at least the right to summon witnesses and hear them under oath;
Amendment 340 #
Motion for a resolution
Paragraph 73 a (new)
Paragraph 73 a (new)
73a. Calls on the Council and Commission to empower Eurojust to monitor the implementation of international data exchange agreements for the purposes of crime prevention.
Amendment 442 #
Motion for a resolution
Paragraph 100
Paragraph 100
100. Recognises, in light of the global challenges facing the EU and the US, that the transatlantic partnership needs to be further strengthened, and that it is vital that transatlantic cooperation in counter- terrorism continues; insists, however, on a new basis of trust based on true common respect of the rule of law and the rejection of all indiscriminate practices of mass surveillance; insists therefore that clear measures need to be taken by the US to re- establish trust and re-emphasise the shared basic values underlying the partnership;
Amendment 443 #
Motion for a resolution
Paragraph 101
Paragraph 101
101. Is ready actively to engage in a dialogue with US counterparts so that, in the ongoing American public and congressional debate on reforming surveillance and reviewing intelligence oversight, the privacy rights of EU citizens are addressed, equal information rights and privacy protection in US courts guaranteed and the current discrimination not perpetuated; Calls on the US to revise its legislation in this field without delay in order to bring it into line with international law and to recognise the privacy and other rights of EU citizens. The call for legislative correction should include reform of its Electronic Communications Privacy Act as regards warrantless access to content, changes in federal law to provide for judicial redress for EU citizens and to sign the Additional Protocol allowing for complaints by individuals under the ICCPR;
Amendment 467 #
Motion for a resolution
Paragraph 109 a (new)
Paragraph 109 a (new)
109a. Believes that the expansion of a surveillance society within the EU as a direct result of EU legislation has to be prevented under all circumstances; Therefore calls on the Council and the European Parliament when acting as legislators in the field of justice and home affairs to ensure that practices that are designed to collect en masse data from EU citizens with a view to combatting terrorism and serious crime are fully in line with the requirements of the rule of law and the EU's human rights obligations; Points out that this for example applies to Directive 2006/24/EC on the retention of data which seems to be incompatible with Articles 7 and 52(1) of the Charter of Fundamental Rights of the European Union as well as on the Commission proposal 2011/0023 (COD) on the use of Passenger Name Record data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime;
Amendment 496 #
Motion for a resolution
Paragraph 114 – point 4 a (new)
Paragraph 114 – point 4 a (new)
Action 4a: Suspend the PNR agreement until (i) the Umbrella Agreement negotiations have been concluded; (ii) a thorough investigation has been carried out on the basis of an EU analysis and the entire situation prompting the Committee of Inquiry has been resolved;