Local view for "http://purl.org/linkedpolitics/eu/plenary/2003-03-12-Speech-3-178"

Predicate	Value (sorted: default)
rdf:type	lpv_eu:Speech2
dcterms:Date	"2003-03-12"^^xsd:date2
dcterms:Is Part Of	lp_eu:Transfer of personal data by airlines to the US immigration service2
dcterms:Language	"nl"^^xsd:language2
lpv:document identification number	"en.20030312.5.3-178"2
lpv:hasSubsequent	lp_eu:2003-03-12-Speech-3-1792
lpv:speaker	lp:Johanna L.A. Boogerd-quaak2
lpv:spokenAs	member; Delegation for relations with the Palestinian Legislative Council (2003-03-10--2004-07-19)3 member; ELDR (2003-02-05--2004-07-19)3 substitute; EMPL (2003-02-20--2004-07-19)3 unknown; Democraten 66 (2003-02-05--2004-07-19)3
lpv:translated text	"Mr President, the Commissioner has said that there is no agreement and no decision, but there is an interim rule. My question therefore is how long can such an interim rule be valid and how must we view it? Protection of personal data is a fundamental right under Article 7 of the EU's Charter of Fundamental Rights. It is probably also going to form part of our European constitution. So this is a very serious matter. All this is also laid down in our directives and in particular Directive 95/46/EEC. It also contains exceptions that we could meet. But as far as I have read these exceptions, I have to say that the transfer of data to the US is systematic and does not fall under the exception of Article 13 of that directive. It is also the case that the data in question are so all-embracing that you cannot say that they are not relevant and not excessive and therefore cannot fall under Article 6 of that directive. In addition, Directive 95/46/EEC says in general that the transfer of personal data to a third country may only take place if that third country offers an adequate level of protection. In my opinion this has not been satisfied either. I have listened carefully to the Commissioner, who has said that he has done his best to find a balance between maintaining privacy and protecting the airlines. I have some sympathy for that, but I nonetheless believe that he has gone the wrong way about it. There is no democratic legitimacy and agreements have been concluded that could not be tested by the representative body. That is totally wrong. At the moment my position is that the measures in their present form must be suspended."@en1

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