Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-12-13-Speech-3-296"
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"en.20061213.30.3-296"2
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Mr President, Mr Frattini, Mrs Lehtomäki, the automated targeting system – referred to as the ATS – by the US authorities constitutes a huge database on European citizens who enter the United States. It highlights once again the different approach that Europe is seeking to adopt on this issue and the growing need for greater protection of Europeans’ privacy and personal data.
We believe that the fight against terrorism cannot be effective if we treat everyone like a potential criminal. This system also carries real risks of discrimination. Furthermore, we would like to know how this system operates with the processing of PNR data. Is it going to influence the negotiations on the agreement due in 2007? The data from the ATS automated targeting system are supposed to be retained for 40 years. Do the Americans want the same for the PNR data? Is the PNR agreement finally going to enable Europeans to uphold their rights to protection of their private lives before a US court of law, which is not currently the case? It is therefore crucial for us to embark on a process of parliamentary dialogue with our colleagues from the US Congress in order jointly to define a common approach to the safeguarding of our citizens’ right to the security and protection of their personal data.
I should like to remind you that, exactly one year ago today, we were debating data retention in this very Chamber and, as part of that debate, I already mentioned the urgent need for the framework decision on data protection to be adopted under the third pillar. We voted in favour of an amendment to the legislative resolution that provided for data access to be regulated by that framework decision. I must acknowledge the genuine efforts made by the Finnish Presidency. A great deal has been done to step up the debates within the Council.
However, we are extremely worried about the turn being taken by the debates between the Member States. We fear the Council stripping this framework decision of its content. We cannot accept an agreement on the basis of the lowest common denominator. The framework decision must guarantee a higher level of data protection by adopting the founding principles of the Community directive in this field and by obviously taking account of the specific nature of police work. Nevertheless, we cannot under any circumstances accept a level of data protection that is lower than the one guaranteed by Directive 95/46/EC and by Convention No 108 of the Council of Europe, which is legally binding on the Member States. The speed necessary for this undertaking must not endanger the quality of the framework decision.
We are anxious to have a frank debate, which will enable us to reach an agreement without doing away with the problematic articles. We stress, in particular, the need to use this instrument in order to deal with the transfer of data to third countries and to private parties. We do, of course, regret not having been informed of the debates held at the Council. We deplore the fact that the opinion unanimously adopted by this Parliament should not obviously have been taken into account as part of the negotiations at the Council.
However, the European Parliament has demonstrated its maturity and its sense of responsibility. Furthermore, we cannot implement the visa information system without having guarantees that a framework decision on data protection will be adopted.
I should like to make it clear that this is not blackmail. We simply wish to reaffirm the determination of a democratically-elected Parliament."@en1
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