Local view for "http://purl.org/linkedpolitics/eu/plenary/2003-09-23-Speech-2-313"
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"en.20030923.10.2-313"2
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"Mr President, ladies and gentlemen, the current situation is clearly unlawful. There is no legal basis for giving the US authorities direct, unfiltered access to the personal data of European passengers and it is contrary to Article 8 of the Charter of Fundamental Rights; it is contrary to the Community provisions on the protection of personal data; it is contrary to the Community Computer Reservations Systems Regulation. Part of the responsibility for this unlawful situation lies with the European Commission, for the US legislation requiring the disclosure of this information dates back to November 2001 and was updated in May 2002, while the system did not enter into force until March 2003.
In the meantime, the Commission failed to inform Parliament of any of this and negotiated at senior-official level with the United States to achieve the joint statement of 18 February 2003 which, in practice, allowed the US authorities indiscriminate access to the personal data of European citizens collected by airlines for completely different purposes, even suggesting that national control authorities should not take action against airlines complying with the United States’ requests. Only the firm reaction of the European Parliament and said control authorities induced the Commission, at last, to acknowledge that the conditions of adequate protection required by Article 25 of the directive were not being met as regards the transmission of data collected in the Union.
I would, however, point out that, in the case of Italy, the ban by the control authority on access to data collected by the company
has not met with negative reactions or sanctions from the United States authorities. The Commission must, therefore, make more vigorous endeavours to achieve a genuine international agreement with the United States as soon as possible which regulates the matter on the basis of fundamental principles: respect for the principle of reciprocity, on the basis of which, if the Union gives US citizens the same rights as its own citizens, then the United States must do the same for European citizens; respect for the principle of proportionality; respect for the principle of informed consent and the right of the person concerned to appeal to an independent authority or judge. In the meantime, pending the achievement of a satisfactory agreement, a situation of legality must be restored and access to data which violates Community law must be banned.
In future, then, a centralised system will have to be established at European level for the electronic collection of data relating to flight reservations, containing adequate filters which ensure that only data which may be lawfully disclosed is transmitted to third parties, with due regard for the fundamental rights of the European citizens which we, Parliament and the Commission, are under obligation to protect, not least against terrorism."@en1
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