Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-06-13-Speech-2-313"
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"en.20060613.29.2-313"2
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".
Mr President, the European Union is renowned in the world for the high level of protection of fundamental rights and, in particular, of protection of personal data that it guarantees its citizens. This principle is thus enshrined in Article 8 of the Charter of Fundamental Rights.
In the Community context, two directives regulate the fair processing of these data in connection with the internal market, and when Europeans make a purchase via the Internet, for example, the company from which they make that purchase is obliged to request their permission to use their data in order to send them offers. Europeans are therefore informed of the way in which their data is used and, fundamentally, they can request that those data be rectified.
However, this European area of data protection has a serious deficiency right now. There is no coordination among the 25 Member States when it comes to protecting the personal data used in the context of police or judicial work. At a time when we are working towards the implementation of a European area of freedom, security and justice, this coordination has become absolutely crucial. Indeed, the Member States' police forces need to work in close cooperation with each other and exchange information in order to combat organised crime effectively. We can enhance this cooperation, but we must make sure that data relating to Europeans is protected in the same way throughout Europe. I would point out that the European Parliament has, for many years now, been calling for an instrument designed to protect data in the context of judicial and police cooperation.
Consequently, we welcome this proposal by the Commission, and the purpose of my report is to enhance this proposal so as to ensure coherence with the existing data protection instruments coming under the first pillar. We also want this framework-decision not to be limited to the information exchanged among the Member States, but to ensure a minimal level of data protection within the Member States themselves. Indeed, if that were not the case, we could thus have two different data protection systems being used in the same investigation. That would not only threaten the protection of Europeans, but would also complicate the work done by the police and the judiciary.
We have enhanced the guarantees relating to the use of personal data by, and the transmission of personal data to, private parties when those parties process them in connection with public administration. We also want guarantees regarding the use of personal data by, and the transmission of personal data to, third countries. I would point out that the Court annulled this Council decision on the agreement between the European Community and the United States on the processing and transmission of personal data, together with the Commission adequacy decision regarding the adequate level of protection of these data, and it did so on account of inappropriate legal bases, as you are aware.
Mr Frattini told us that he wanted to submit a new proposal for an agreement on the basis of the third pillar. We therefore need data protection legislation for the third pillar, and I welcome the Commission’s support in this regard.
When the directive on data retention was adopted in December 2005, the Council made a moral commitment before the European Parliament – I am keen to point this out - to swiftly adopt, while abiding by a form of sincere cooperation among the European institutions, the text on data protection. However, the adoption of this text has been severely delayed and there is now the danger that it will not be adopted in the course of this year.
We therefore want the Council to make clear commitments before us today, especially on the crucial points for the European Parliament, and we are waiting for it to present us with a timeframe for the adoption of this framework-decision. I am very disappointed by the Council at the moment. If the Council were not to do this, then the European Parliament would feel betrayed and its confidence would be seriously shaken for the future, and we do not want that."@en1
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