Local view for "http://purl.org/linkedpolitics/eu/plenary/2005-03-09-Speech-3-309"
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"en.20050309.19.3-309"2
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"Mr President, I wish to thank Commissioner Frattini for attending this debate tonight, which is the first on data protection during this parliamentary term, on the initiative of my own Group, the Alliance of Liberals and Democrats for Europe. This is not the first time that Parliament has examined the issue of PNR, but it is almost two years to the day since Parliament first raised this issue. Tonight’s debate is therefore intended to take stock of what has happened since then.
With a view to the protection of the privacy of European air passengers, could the Commission inform Parliament of the volume of passenger data which the authorities have access to and whether there is an effective filtering of sensitive data. Also, are intra-European flights excluded?
The Commission has published a communication on a global EU approach on PNR. However, the Commission is evidently not following a coherent approach, since on the one hand it has not finalised the international agreement with Australia, while on the other hand it is ready to negotiate with Canada on standards that are entirely different from those which apply to the US. Will the Commission follow up on the communication and will it start adhering to a truly global EU approach?
Finally, why has Parliament never been informed about the negotiations on PNR at an ICAO level? The current practice is not democratic, transparent or justifiable. Thank you, and I look forward to hearing your answers.
I have been appointed rapporteur on the initiative by four Member States relating to data retention. That is why some months ago we tabled two oral questions on the issue of PNR and the issue of data retention, with a view to having a public debate on two issues that raise serious concerns from the point of view of fundamental human rights, and to get more information from the Commission on these issues.
Commissioner Frattini, we were pleased to hear during the EP hearings of candidate Commissioners that you attach a great deal of importance to defending fundamental rights, and I know that you are personally committed to defending citizens’ privacy. We appreciate that stance, but also want the Commission to bring forward the proposals on data protection under the third pillar that we have been promised for so long.
The European Parliament finds itself in quite a conflictual situation vis-à-vis other EU institutions. We have strongly disagreed with the Commission and Council on the PNR issue, challenging their decisions before the Court of Justice, but unfortunately will have to wait a long time before the Court issues its decision. On the data retention issue, I am unconvinced by the four Member States’ initiative, with regard both to the content and the legal basis. I know that the Commission shares these doubts.
In general terms, the European Parliament is extremely worried about the compliance of these provisions with international and European human rights norms, such as the European Convention on Human Rights, and the related jurisprudence, as well as with EU law. That is why we are here tonight.
On the issue of data retention, we know the Commission has raised the scrutiny reservation on the correctness of the legal basis of the four Member States’ proposal. The Commission believes that a third pillar basis is not correct, and that a first pillar basis would be the right one. We would be keen to view the Commission’s legal responding, since I have the same doubts and have requested Parliament’s legal service to make the same legal check. However, we also have doubts on the necessity and proportionality of European data retention provisions. That is why we would ask the Commission whether it supports the four Member States’ initiative not only in terms of the legal basis but also in terms of the content.
Secondly, we would like to know whether the Commission will ask the four Member States to withdraw their initiative, a move the Commission has not yet made. We would also like to know if and when the Commission will propose a first pillar instrument. The Commission 2005 working programme schedules for this month the adoption by the Commission of a directive on the retention of data for law enforcement purposes. Will this deadline be respected and what will the content of the proposal be?
Thirdly, we would like an update on the long-overdue third pillar data protection instrument that Commissioner Frattini personally promised would be brought forward. Let me underline that the Article 29 Working Party has already drafted a proposal for harmonised data protection principles for the third pillar. We would be honoured to hear your remarks on this issue.
On the PNR issue, Parliament has a keen interest and a right to have an update on the current action before the Court of Justice, with Parliament objecting to the signing of the international agreement of 28 May 2004 that makes the transfer of air passenger data to the US possible. First of all, Parliament has consistently requested the development of a push system, most recently in the amendment adopted to the 2005 budget. Can the Commission inform Parliament whether there have been any developments?"@en1
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