Local view for "http://purl.org/linkedpolitics/eu/plenary/2017-04-05-Speech-3-925-000"
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"en.20170405.49.3-925-000"2
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"Madam President, to be very clear, the purpose of this resolution is because we have a September evaluation. I really believe that the members of the Committee on Civil Liberties, Justice and Home Affairs – and indeed other Members who have expertise and interest in this extremely important topic – need to give their views to the Commissioner. I do not see any problem with this. In fact, I think this is a positive and important part of our work.
I want to begin with what you said about your trip to the United States. I think it is very important, Commissioner, particularly for the Civil Liberties Committee, that we have an interaction with you before we go to the United States in September. Why are we doing this? Why are we proposing this resolution? We are not doing it because there have not been significant and key improvements on Safe Harbor thanks to Privacy Shield, but because we want to ensure in Parliament that Privacy Shield stands the test of time and that it does not have weaknesses that would be difficult for the future.
We know that Privacy Shield protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States, as well as bringing legal clarity for businesses relying on trans-Atlantic data transfers, and we cannot allow that to fail. So the resolution acknowledges that the final agreement on the Privacy Shield, adopted in July 2016, has taken a number of Parliament’s concerns into consideration. We know that key improvements have been made compared to the former Safe Harbor. We note also that the agreement will facilitate data transfers from the EU to the US, particularly from SMEs and business in the EU, and that the EU Data Protection Authority’s supervisory powers remain unaffected by the adequacy decision, including the power of suspending or banning data transfers to US companies that are members of the Privacy Shield. We also take note of the clarifications and interpretations of the US Administration, in particular as regards the processing of personal data by security agencies.
However, several issues must be resolved. The resolution highlights issues of concern that remain unclear, particularly, for example, those made by the Article 29 Working Party, which – as we all know – is deeply involved in these matters. These include concerns regarding the principle of data retention, the bulk collection of personal data for national security purposes, the need for sufficient judicial redress, and the effect of independent oversight, as well as several law enforcement issues. If these concerns are not taken into account, the Privacy Shield risks not achieving its purpose and could face further challenge in the courts. This is one of our deepest concerns. Both citizens and businesses relying on transatlantic data flows need that certainty of a robust legal framework, and this text calls on the Commission to conduct that proper assessment. It does not doubt that that will happen, but we are doing our job in ensuring that every part of this detail is covered.
We will raise these concerns during our LIBE delegation with our US counterparts, and we are now experienced in these negotiations. The Parliament has consistently called for a stronger agreement, following the invalidation of Safe Harbor in October 2015, and we now want the protection of personal data which meets the requirements of the Charter of Fundamental Rights and the data protection legal framework.
Commissioner, today we are calling on you to conduct a proper assessment to ensure this legal certainty is provided for citizens and business alike. We in the Parliament simply want to do our job. That is what the resolution is saying today."@en1
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