Local view for "http://purl.org/linkedpolitics/eu/plenary/2004-04-20-Speech-2-442"
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"en.20040420.19.2-442"2
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"Mr President, I fully agree with the rapporteur. Contrary to what the Commission claims, the draft agreement that has been put to us is radically different from the data protection directive and therefore from Article 286 of the EC Treaty. In fact, whilst Article 7 of the Directive gives Member States the power to control the processing of personal data for security reasons, the Community takes this competence away from Member States in the draft agreement to give it to a foreign authority. The draft provides for European airlines to be obliged to process European passenger data as requested by the United States Department of Homeland Security, Bureau of Customs and Border Protection in line with United States legislation.
Pursuant to Article 300 of the Treaty, this change to the directive, which the Commission continues to deny, would have entailed Parliament – the colegislator of the directive – giving its assent, as Commissioner Bolkestein had already announced to the Committee on Citizens’ Freedoms and Rights, Justice and Home Affairs on 9 September 2003, which did not happen. What is needed, therefore, is a truly international treaty that gives a legal basis to amending the directive and transferring sovereignty as is desired.
Furthermore, the draft violates one of the fundamental rights of European citizens, that of confidentiality of personal data, laid down in the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. Not least, this law provides for access to information that has been collected and for it to be corrected, which is not guaranteed in the draft agreement. From a practical point of view, this aspect is important since data that are collected for commercial purposes, and neither checked nor filtered by a responsible authority, may be inaccurate or even deliberately incorrect. These discrepancies – which would not arise if data were intentionally transferred for security purposes – could cause serious inconvenience and actually harm our citizens.
It is therefore necessary that the agreement text is changed and that, in any case, recourse is made to the Court of Justice to obtain an opinion."@en1
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