Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-09-07-Speech-4-024"
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"en.20060907.4.4-024"2
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"Mr President, Mr Frattini, ladies and gentlemen, I am rather pessimistic about the outcome of this agreement. I support what has been said, particularly by the rapporteur, Mrs in ’t Veld, but the problem is that we – the European Union and the European Commission – have given up our negotiating power: that is why we should feel pessimistic.
We gave up our negotiating power four years ago, when for a year and a half passenger data were being transferred to the United States completely illegally. An agreement was reached, which later proved to be unlawful and in fact served merely to acknowledge the illegality and remedy just a tiny part of it. We should actually have enormous negotiating power, but it is a question of deciding whether, as Europe, we want our law to be observed on our own territory, which is a principle of the rule of law. On the strength of that, we can then negotiate with the United States. If, instead, we give in, the United States will clearly be in a position to say, ‘Well, if no agreement is reached within a month, we shall do as we like.’ The small detail is that, if we are determined, they cannot do as they like.
The reasoning of people who say, ‘What is at risk here is that US airlines will be prevented from flying’ is completely false from a legal point of view: our privacy laws do not protect according to an airline’s nationality, but according to the country where the personal data are gathered. Data gathered for commercial purposes cannot be systematically used for security purposes either in the United States or even in Europe, not even if we wanted our data to be used in that way.
Therefore, if we begin to enforce our law, we shall succeed in having the negotiating power to conclude an agreement with the United States. An agreement of this kind means that only data relevant to security should be transmitted, and not absolutely irrelevant data as happens today."@en1
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