Local view for "http://purl.org/linkedpolitics/eu/plenary/2010-02-10-Speech-3-467"
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"en.20100210.28.3-467"2
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"Mr President, I shall start by saying that I, too, support a strong, outward-looking EU that is capable of acting shoulder to shoulder as a true counterpart to the US, and in that framework, I think it is of crucial importance to be open, fair and transparent if we are to address the issue of how Europe should cooperate with the US for counter-terrorism purposes, including law-enforcement use of data collected for commercial ends.
Without a doubt, the targeted exchange and use of data for counter-terrorism purposes is, and will remain, necessary, but let me be clear: European citizens must be able to trust both security and data claims. Getting it right first time round should be the objective and, with all due respect, the Council has been insufficiently strong to do so.
Indeed, the proposed interim agreement is a significant departure from European law in how enforcement agencies would obtain financial records of individuals, namely through court-approved warrants or subpoenas to examine specific transactions, but with the proposed interim agreement, we instead rely on broad administrative subpoenas for millions of records of European citizens.
By the very nature of SWIFT, it is not possible to refer to the so-called ‘limited’ requests. For technical reasons, SWIFT has to transfer bulk data, thereby violating the basic principles of EU data-protection law such as necessity and proportionality. This cannot be rectified
by mechanisms of oversight and control.
At all times, it must be clear that Parliament is not out there to just passively take note of the actions of the Council and the Commission. The fact is that this House is always being promised jam tomorrow if only we would be patient. However, we cannot keep falling for fake promises of jam tomorrow. We need clear commitments now and the ball was in the Council’s court. I made that clear last week, but so far, it has failed to act accordingly.
The Council states that it wants to ensure the utmost respect for privacy and data, but fails to address in particular the rights of access, rectification, compensation and redress outside the EU for data subjects. The Council states that it shares Parliament’s concerns and therefore calls on the Commission to adopt draft negotiation guidelines.
Why hide behind the Commission? It is Council that will adopt the negotiation directives in the end; why have the negotiation guidelines not already been submitted? Council states yet again that it wants to ensure that the TFTP will continue. However, it fails to address the fact that in this way, the EU continues to outsource its financial intelligence service to the US. The lack of reciprocity is not being addressed. True reciprocity would allow the EU authorities to obtain similar data stored in the US and, in the long term, consider the necessity of building up our own EU capacity.
The Council does not show any commitment to line up with existing legislation such as the data retention directive for the telecom service providers, which does deal with specific and targeted data. The Council fails to clarify the precise role of the public authority. A ‘push’ system does not mean anything if, in actual practice, SWIFT has to transfer bulk data. Transfer and storage are, in other words, by definition disproportionate under the terms of the interim agreement and the Council does not address a European solution for the supervision of data exchange.
President-in-Office, tell me how on earth I can tell 500 million European citizens that we are selling out on important safeguards and principles just because we are not able to put our foot down, because Council is not able to get its act together. Tell me; I am all ears."@en1
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