Local view for "http://purl.org/linkedpolitics/eu/plenary/2004-04-19-Speech-1-042"
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"en.20040419.4.1-042"2
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".
Mr President, I have to say that I am not very happy about the Commissioner’s remark that there is no violation of Regulation 95/46. Paragraph 4 of the agreement itself states that all data of European passengers will be processed according to US constitutional requirements. One of the laws in the United States that should apply is the Privacy Act, but this Act does not apply to people from third countries, to name but one example. Article 6 of the agreement states that there will be reciprocity insofar as feasible and that it shall be strictly applied. I do not want to have the debate now, but I can easily give you another ten examples of things that are not right and are, in my view, a violation of our privacy legislation. For that reason alone, we should put this matter to the Court.
In the previous debate, the Commissioner said, with regard to the passing on of data to third parties, that ‘we are still in negotiation with the United States’. I heard this correctly last time and also this time round. It is surely too crazy for words that I as rapporteur have to submit to this House a report on adequacy finding
while the Commission itself still holds the view that the whole matter was inadequate. This is something I really do want to bring in to the debate.
I should like to thank all those Members who have spoken out in favour of recourse to the Court. I think that the question to the Court, as to whether we can conclude international agreements in which both Parliament and the American Congress are placed offside, is a very interesting one indeed. In consultations with members of the Congress, I have been given to understand that, should such an agreement be put to the American Congress, it would never agree to it.
We in this House should now also demonstrate that we know how to stand up for our citizens and not be put under pressure by anybody. We are alone in being able to do this. I am therefore hopeful that Parliament will follow the line taken by the Committee on Legal Affairs and the Internal Market."@en1
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