Local view for "http://purl.org/linkedpolitics/eu/plenary/2011-10-26-Speech-3-422-000"
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"en.20111026.24.3-422-000"2
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".
Madam President, Commissioner Malmström, ladies and gentlemen, I believe that we did try to hammer out better terms during the negotiations on the new PNR agreement. Naturally, people will disagree about what might be a better agreement. For me, however, it is important to point out that, when negotiating with third countries, we in the European Union must take care only to adopt legislation and negotiate agreements that are valid within the framework of our constitution and laws.
Having read it, I must say that the agreement with Australia for the forwarding of European PNR data is not compatible with European law or with the constitutions of the Member States. Both the national constitutional courts of EU Member States and the European Court of Human Rights have declared firstly that the retention and processing of personal data without specific cause is in breach of fundamental rights. Secondly, they found that any practice that randomly compares people and their behaviour patterns with suspect profiles is in violation of human rights. Thirdly, they held that the comprehensive monitoring of all citizens without any grounds for suspicion violates the presumption of innocence.
What we have on the table is an agreement that not only makes mass surveillance acceptable, but also infringes the fundamental principles of a democratic state under the rule of law. We in the European Parliament have clearly rejected the existing PNR data agreements for many years. I would like to know what has changed in the interim? There has been no change in relation to the long retention periods. Nor has there been any change in relation to the lack of suspicion when data is transferred. Opinions may differ in relation to what will happen if this agreement is rejected. We, the Group of the Greens/European Free Alliance believe that there are limits that must be observed when negotiating agreements with other third countries and partners. In my opinion we should not legitimise every proposal we receive, but should simply stick to our principles."@en1
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