Local view for "http://purl.org/linkedpolitics/eu/plenary/2012-04-19-Speech-4-094-000"
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"en.20120419.4.4-094-000"2
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"Madam President, I would like to thank everyone for this very good debate. I also appreciate the good cooperation I have had with the Committee on Civil Liberties, Justice and Home Affairs, with the rapporteur and the shadow rapporteurs. Let me quickly answer a few questions.
Firstly, scope. The scope of this is to fight terrorism and serious cross-border crime, which carries a penalty of three years. Customs, migration and border controls are not additional purposes. The reference to vital interests applies to life-and-death matters and communicable diseases. This arose in only four cases during the review we did on the current agreement from 2007 to 2010. That is four cases, none of which involved European PNR data.
Secondly, court orders. In the US Constitution and some European constitutions, a court can ask for PNR data to be used to prove whether someone has been on a plane or not, for instance. This only happened once in our evaluation, so these cases are extremely rare and they are all logged.
Thirdly, ‘push’ and ‘pull’. In this agreement – in contrast to the current one – ‘push’ is the norm. This has been welcomed by the Association of European Airlines and the international organisation of airlines. A vast majority of carriers already use this method and will be able to comply with the requirement to have ‘push’ capacity within two years.
Fourthly, redress. It is spelled out in the agreement that anybody can appeal to the Court against a decision to refuse access because of his or her data under the Freedom of Information Act. The US Privacy Act does not give these rights to EU citizens, but the Traveler Redress Inquiry Programme is available for all decisions made by the US Government that may be subject to judicial review. It is also possible to claim compensation.
Finally, the content of the data. The data registered are the data you give when you book an airline ticket. You do not say if you are a member of a trade union. You do not say in that booking what you intend to buy at the airport. The data is registered. I do not know how well informed passengers are about this (as was mentioned in the debate with Mrs Foster and others), but we say in the agreement that the US must inform passengers about this. This is a major improvement. Profiling is prohibited by Article 7 and Article 9.
As has been said, the United States has the right to ask for data from an individual who intends to land on its territory, as does any country. They do it today, they have done it in the past, and they will do it in the future, as most of our Member States do. We are currently negotiating EU PNR, which I am looking forward to debating with you later. Why? Because our Member States think that this is a valuable and important tool to fight terrorism and – even more importantly – drug smuggling and people smuggling.
What we are here to do is to make sure that the transfer of data is used in a proportionate, limited way, with the strongest protection possible when it comes to fundamental rights and integrity. This is our collective duty. You asked the Commission to renegotiate the 2007 Agreement in force today. We all did that with strong support from Parliament, clear directions in your resolution and with the support of the Council as well.
It is not perfect. You did not get 100% of what you asked for. However, on all points it is a better agreement than the one we currently have. This is why we are asking for your agreement. We attach great importance to this agreement, as you all do. We will review it, and in the review, Mrs Sippel, there will be data protection experts present. I undertake – as I did earlier in my declaration – to be fully transparent and to report to you at all stages of these evaluations and reviews."@en1
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