Jan Philipp ALBRECHT
Constituencies
-
Germany
Bündnis 90/Die Grünen
2009/07/14 - 9999/12/31
Groups
-
Verts/ALE
Member
Group of the Greens/European Free Alliance
2009/07/14 - 9999/12/31
Committees
| Role | Committee | Start | End |
|---|---|---|---|
| Member of | Committee on Civil Liberties, Justice and Home Affairs | 2012/01/19 | 9999/12/31 |
| Member of | Special committee on organised crime, corruption and money laundering | 2012/12/10 | 9999/12/31 |
| Substitute of | Committee on Legal Affairs | 2012/01/19 | 9999/12/31 |
Show earlier commitees...
Delegations
| Role | Delegation | Start | End |
|---|---|---|---|
| Member of | Delegation for relations with Israel | 2009/09/16 | 9999/12/31 |
| Member of | Delegation for relations with Iraq | 2011/02/14 | 9999/12/31 |
| Substitute of | Delegation for relations with the Arab Peninsula | 2009/09/16 | 9999/12/31 |
| Substitute of | Delegation for relations with Japan | 2009/09/16 | 9999/12/31 |
Show earlier delegations...
| Role | Delegation | Start | End |
|---|---|---|---|
| Substitute of | Delegation for relations with Iraq | 2009/09/16 | 2011/02/13 |
Contact
Online
- Homepage
- http://www.janalbrecht.eu
- [javascript protected email address]
Brussels
- Phone
- +322 28 45060
- Fax
- +322 28 49060
- Office
- Bât. Altiero Spinelli 08H246
- Full Address
-
- City
- Bruxelles/Brussel
- Zip
- B-1047
- Street
- 60, rue Wiertz / Wiertzstraat 60
Strasbourg
- Phone
- +333 88 1 75060
- Fax
- +333 88 1 79060
- Office
- Bât. Louise Weiss T05068
- Full Address
-
- City
- Strasbourg
- Zip
- CS 91024 - F-67070
- Street
- 1, avenue du Président Robert Schuman
Postal
- Europäisches Parlament
- Rue Wiertz
- Altiero Spinelli 08H246
- B-1047 Brüssel
Rapporteur
| Responsible | 2012/0011(COD) | Personal data protection: processing and free movement of data (General Data Protection Regulation) |
| Shadow | 2012/0010(COD) | Personal data protection: processing of data for the purposes of prevention, investigation, detection or prosecution of criminal offences or execution of criminal penalties, and free movement of data |
| Opinion | 2011/0154(COD) | Judicial cooperation in criminal matters: right of access to a lawyer in criminal proceedings and right to communicate upon arrest |
| Shadow | 2011/0154(COD) | Judicial cooperation in criminal matters: right of access to a lawyer in criminal proceedings and right to communicate upon arrest |
| Shadow | 2010/2309(INI) | Organised crime in the European Union |
| Shadow | 2010/2016(INI) | Guaranteeing independent impact assessments |
| Shadow | 2010/0817(COD) | European Investigation Order in criminal matters. Initiative Belgium, Bulgaria, Estonia, Spain, Austria, Slovenia and Sweden |
| Shadow | 2010/0273(COD) | Judicial cooperation in criminal matters: combating attacks against information systems |
| Opinion | 2010/0215(COD) | Judicial cooperation in criminal matters: right to information in criminal proceedings |
| Responsible | 2009/0809(CNS) | Europol: list of third states and organisations for conclusion of agreements |
| Shadow | 2008/0242(COD) | Asylum: EURODAC system for the comparison of fingerprints of third-country national or stateless applicants. Recast |
Born
1982/12/20 Braunschweig- First state law examination/law degree (2008).
- Spokesman for the Federal Executive Committee of the Young Greens (2006-2008).
Amendments
| Amendments | Dossier |
| 42 |
2008/0242(COD) Asylum: EURODAC system for the comparison of fingerprints of third-country national or stateless applicants. Recast
2012/12/11
LIBE
42 amendments...
Amendment 21 #
Proposal for a regulation Recital 2 (2) A common policy on asylum, including a Common European Asylum System, is a constituent part of the European Union's objective of progressively establishing an area of freedom, security and justice open to those who, forced by circumstances,
Amendment 22 #
Proposal for a regulation Recital 7 Amendment 37 #
Proposal for a regulation Recital 17 (17) Hits obtained from EURODAC should be verified by a trained fingerprint expert in order to ensure the accurate determination of responsibility under Regulation (EU) No […/…] [establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person].
Amendment 46 #
Proposal for a regulation Recital 29 (29)
Amendment 62 #
Proposal for a regulation Article 1 – paragraph 2 Amendment 68 #
Proposal for a regulation Article 2 – paragraph 1 – point l (l) 'fingerprint data' means the data relating to fingerprints of all or at least the index fingers, and if those are missing, the prints of all other fingers of a person
Amendment 72 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a) a computerised central fingerprint database (Central System) composed of: – a Central Unit, – a Business Continuity
Amendment 73 #
Proposal for a regulation Article 4 – paragraph 1 1. The Agency
Amendment 76 #
Proposal for a regulation Article 4 – paragraph 5 5. Operational management of EURODAC shall consist of all the tasks necessary to keep EURODAC functioning 24 hours a day, 7 days a week in accordance with this Regulation, in particular the maintenance work and technical developments necessary to ensure that the system functions at a satisfactory level of operational quality, in particular as regards the time required for interrogation of the Central System. A Business Continuity Plan shall be developed taking into account maintenance needs and unforseen downtime of the system, including the impact of business continuity measures on data protection and security.
Amendment 80 #
Proposal for a regulation Article 5 – paragraph 3 3.
Amendment 84 #
Proposal for a regulation Article 6 – paragraph 1 1. Each Member State shall designate a single national body to act as its verifying authority. The verifying authority shall be a
Amendment 91 #
Proposal for a regulation Article 8 – paragraph 1 – point f (f) the number of requests for
Amendment 92 #
Proposal for a regulation Article 8 – paragraph 2 2. At the end of each year, statistical data shall be established in the form of a compilation of the monthly statistics for that year, including an indication of the number of persons for whom hits have been recorded under points (b), (c)
Amendment 93 #
Proposal for a regulation Article 9 – paragraph 2 2. By way of derogation from paragraph 1, where it is not possible to take the fingerprints of an applicant on account of measures taken to ensure the health of the applicant or the protection of public health, Member States shall take and send the fingerprints of the applicant as soon as possible and no later than 48 hours after these grounds no longer prevail. The temporary or permanent impossibility to provide usable fingerprints shall not adversly affect the legal situation of a third-country national or a stateless person. In particular, it shall not represent sufficient grounds to refuse to examine or to reject an asylum application.
Amendment 95 #
Proposal for a regulation Article 13 – paragraph 2 2. The Central System shall inform as soon as possible and not later than after 72 hours, all Member States of origin about the erasure of data for the reason specified in paragraph 1 by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Article 9(1) or Article 14(1).
Amendment 96 #
Proposal for a regulation Article 14 – paragraph 1 1. Each Member State shall promptly take the fingerprints of all fingers of every third country national or stateless person of at least 14 years of age who is apprehended by the competent control authorities in connection with the irregular crossing by land, sea or air of the border of that Member State having come from a third country and who is not turned
Amendment 99 #
Proposal for a regulation Article 14 – paragraph 3 Amendment 101 #
Proposal for a regulation Article 14 – paragraph 4 4.
Amendment 102 #
Proposal for a regulation Article 14 – paragraph 5 5. By way of derogation from paragraph 1, where it is not possible to take the fingerprints of such person on account of measures taken to ensure the health of the person or the protection of public health, the Member State concerned shall take and send the fingerprints of the person, in accordance with the deadline set out in paragraph 2, once these grounds no longer prevail. The temporary or permanent impossibility to provide usable fingerprints shall not adversely affect the legal situation of a third-country national or a stateless person.
Amendment 104 #
Proposal for a regulation Article 16 – paragraph 3 3. The Central System shall inform as soon as possible and no later than after 72 hours all Member States of origin about the erasure of data for the reason specified in point (a) or (b) of paragraph 2 or by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Article 14(1).
Amendment 105 #
Proposal for a regulation Article 16 – paragraph 4 4. The Central System shall inform as soon as possible and no later than after 72 hours all Member States of origin about the erasure of data for the reason specified in point (c) of paragraph 2 by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Article 9(1) or Article 14(1).
Amendment 108 #
Proposal for a regulation Article 17 – paragraph 4 a (new) 4a. Once the results of the comparison have been transmitted to the Member State of origin, the Central System shall forthwith: (a) erase the fingerprint data and other data transmitted to it pursuant to paragraph 1; and (b) destroy the media used by the Member State of origin for transmitting the data to the Central Unit, unless the Member State of origin has requested their return.
Amendment 110 #
Proposal for a regulation Article 18 Amendment 120 #
Proposal for a regulation Article 20 – paragraph 1 – introductory part 1. Designated authorities may request the comparison of fingerprint data with those stored in the EURODAC central database within the scope of their powers only if comparisons of national fingerprint databases
Amendment 127 #
Proposal for a regulation Article 20 – paragraph 1 – point c a (new) (ca) there is a substantiated suspicion that the perpetrator or victim of the offence is an applicant for international protection.
Amendment 131 #
Proposal for a regulation Article 25 – paragraph 4 4. The results of the comparison shall be immediately checked in the Member State of origin by a trained fingerprint expert. Final identification shall be made by the Member State of origin in cooperation with the Member States concerned, pursuant to Article 32 of the Dublin Regulation.
Amendment 132 #
Proposal for a regulation Article 25 – paragraph 5 5. Where final identification in accordance with paragraph 4 reveals that the result of the comparison received from the Central System is inaccurate, Member States shall communicate this fact
Amendment 135 #
Proposal for a regulation Article 27 – paragraph 2 2. The authorities of Member States which, pursuant to paragraph 1, have access to data recorded in the Central System shall be those designated by each Member State for the purpose of Article 1(1). This designation shall specify the exact unit responsible for carrying out tasks related to the application of this Regulation. Each Member State shall without delay communicate to the Commission and the Agency a list of those
Amendment 137 #
Proposal for a regulation Article 29 – paragraph 1 – introductory part 1. A person covered by this Regulation shall be informed by the Member State of origin in writing, and where
Amendment 141 #
Proposal for a regulation Article 29 – paragraph 1 – subparagraph 4 A common leaflet, containing at least the information referred to in paragraph 1 of this Article and the information referred to in Article 4(1) of the Dublin Regulation shall be drawn up in accordance with the procedure referred to in Article 40(2) of the Dublin Regulation. The leaflet sh
Amendment 142 #
Proposal for a regulation Article 29 – paragraph 1 – subparagraph 5 Where a person covered by this Regulation is a minor, Member States shall provide the information in an age-appropriate manner. The Commission shall provide templates of the leaflets for adults and minors to the Member States.
Amendment 143 #
Proposal for a regulation Article 29 – paragraph 9 9. Whenever a person requests data relating to him or her in accordance with paragraph 2, the competent authority shall keep a record in the form of a written document that such a request was made, and shall make this document available to the National Supervisory Authorities without delay, upon their request. It shall immediately inform the National Supervisory Authorities in case a person requests the correction or erasure of its data. No later than three weeks after the request it shall confirm to the National Supervisory Authorities that it has taken action to correct or erase the data or, in case the Member State does not agree that the data recorded in the Central System are inaccurate or have been recorded unlawfully, explain why it is not prepared to correct or erase the data.
Amendment 146 #
Proposal for a regulation Article 31 – paragraph 2 2. The European Data Protection Supervisor shall ensure that an audit of the Agency's personal data processing activities is carried out in accordance with international auditing standards at least every
Amendment 155 #
Proposal for a regulation Article 34 – paragraph 2 – point a (a) physically protect data, including by making contingency plans for the protection of
Amendment 157 #
Proposal for a regulation Article 34 – paragraph 2 – point g (g) ensure that all authorities with a right of access to EURODAC create profiles describing the functions and responsibilities of persons who are authorised to access, enter, update, erase and search the data and make these profiles and any other relevant information the authorities may require for the purpose of carrying out supervision available to the National Supervisory Authorities referred to in Article 28 of Directive 95/46/EC and in Article 25 of Framework Decision 2008/977/JHA without delay at their request (personnel profiles);
Amendment 158 #
Proposal for a regulation Article 34 – paragraph 2 – point k (k) monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures related to internal monitoring to ensure compliance with this Regulation (self-auditing). For the purpose of the Business Continuity Plan, the Member States shall inform the Agency and the National Supervisory Authorities of security incidents they detected on their system. The Agency shall inform the Member States, Europol and the European Data Protection Supervisor in case of security incidents. All parties shall collaborate during a security incident.
Amendment 167 #
Proposal for a regulation Article 38 – paragraph 4 – point a Amendment 170 #
Proposal for a regulation Article 40 – paragraph 4 4. Every
Amendment 173 #
Proposal for a regulation Article 40 – paragraph 5 5. Three years after the start of application of this Regulation as provided for in Article 46(2) and every
Amendment 175 #
Proposal for a regulation Article 40 – paragraph 8 Amendment 179 #
Proposal for a regulation Article 43 – paragraph 1 1. By [three months after the date of entry into force of this Regulation] at the latest each Member State shall notify the Commission of its designated authorities and the operation units referred to in Article 5(3) and shall notify without delay any amendment thereto.
Amendment 182 #
Proposal for a regulation Article 43 – paragraph 4 4. The Commission shall publish information referred to in paragraphs 1, 2 and 3 in the Official Journal of the European Union on an annual basis, via a regularly updated electronic publication.
source: PE-500.400
|
| 21 |
2009/0089(COD) Area of freedom, security and justice: Agency for the operational management of large-scale IT systems
2010/07/22
LIBE
21 amendments...
Amendment 41 #
Proposal for a regulation Recital 15 (15) Without prejudice to future Union legislation relating to the protection of personal data and implementing Article 16 of the Treaty on the Functioning of the European Union and Article 8 of the Charter of Fundamental Rights of the European Union, Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data applies to the processing of personal data by the Agency. This Regulation provides, inter alia, that the European Data Protection Supervisor shall have the power to obtain from the Agency access to all information necessary for his or her enquiries.
Amendment 43 #
Proposal for a regulation Recital 4 (4) In order to ensure the operational management of SIS II, VIS and EURODAC after the transitional period
Amendment 44 #
Proposal for a regulation Recital 4 a (new) (4a) Bearing in mind that the risk of mistakes or wrong use of personal data is likely to increase when more large-scale IT systems are entrusted to the same operational manager, the total number of managed large-scale IT systems should be limited and should be extended only after a proper evaluation of the Agency's work, an impact assessment concerning respect for fundamental rights, data protection and security, and the adoption of a separate legal act.
Amendment 45 #
Proposal for a regulation Recital 5 (5) With a view to achieving synergies, it is necessary to provide for the operational management of these systems in one entity, benefiting from economies of scale, creating critical mass
Amendment 46 #
Proposal for a regulation Recital 9 Amendment 47 #
Proposal for a regulation Recital 9 a (new) (9a) To prevent the Agency from function creeping and from developing schemes in its own interest, it should be responsible for monitoring research and for pilot schemes only at the specific and precise request of the European Parliament, the Commission or the European Data Protection Supervisor and only within the framework of the large-scale IT systems which it is already in charge of.
Amendment 48 #
Proposal for a regulation Recital 13 (13) Within the framework of their respective competences, the Agency should cooperate with other agencies of the European Union, especially agencies established in the area of freedom, security and justice and, in particular, those concerned with the defence of fundamental rights.
Amendment 50 #
Proposal for a regulation Article 1 A European Agency ("the Agency") for the operational management of the second- generation Schengen Information System (SIS II), the Visa Information System (VIS), EURODAC
Amendment 51 #
Proposal for a regulation Article 1 – paragraph 1 b (new) Operational management shall consist of all the tasks necessary to keep the large- scale IT systems referred to in the first paragraph functioning in accordance with the specific provisions applicable to each of those IT systems, including responsibility for the communication infrastructure used by the IT systems. There shall be by no means the possibility of interoperability between those large- scale IT systems.
Amendment 52 #
Proposal for a regulation Article 1 a (new) Article 1a Objectives of the Agency Without prejudice to the respective responsibilities of the Commission and of the Member States under the instruments governing the IT systems referred to in Article 1, the Agency shall ensure: – the implementation of effective and secure operation, and the continuous, efficient and financially accountable management, of the IT systems referred to in Article 1; – a high-level quality of service for users of those IT systems; – continuity and uninterrupted service; – a high level of data protection, in accordance with the applicable rules, including specific provisions for each IT system referred to in Article 1; – a high level of physical security and data integrity and security, in accordance with the applicable rules, including specific provisions for each IT system, as referred to in Article 1; – the use of a professional project management structure for the efficient development of large-scale IT systems.
Amendment 53 #
Proposal for a regulation Article 4 a (new) Amendment 57 #
Proposal for a regulation Article 6 – paragraph 1 1.
Amendment 63 #
Proposal for a regulation Article 9 – paragraph 1 – point i (i) before 30 September each year, and after receiving the opinion of the Commission, adopt by a two-thirds majority of its members with the right to vote, and in accordance with the annual Union budgetary procedure and the Union legislative programme in areas of Title V of the Treaty on the Functioning of the European Union, the Agency's annual work programme for the coming year; and ensure that the adopted work programme is forwarded to the European Parliament, the Council
Amendment 64 #
Proposal for a regulation Article 9 – paragraph 1 – point j (j) before 31 March each year, adopt the Agency's annual activity report for the previous year and transmit it by 15 June at the latest to the European Parliament, the Council, the Commission, the European Data Protection Supervisor, the European Economic and Social Committee and the Court of Auditors; the annual activity report shall be published;
Amendment 67 #
Proposal for a regulation Article 10 – paragraph 3 3. The members of the Management Board shall be appointed on the basis of their high level relevant experience and expertise in the field of large-scale IT systems in the area of freedom, security and justice, and in the field of data protection.
Amendment 68 #
Proposal for a regulation Article 12 – paragraph 3 a (new) 3a. The European Data Protection Supervisor shall be granted observer status at the meetings of the Management Board.
Amendment 73 #
Proposal for a regulation Article 15 – paragraph 1 1. The Executive Director of the Agency shall be appointed by the Management Board
Amendment 74 #
Proposal for a regulation Article 16 – paragraph 2 a (new) 2a. The European Data Protection Supervisor may appoint a representative to each of the Advisory Groups referred to in paragraph 1.
Amendment 77 #
Proposal for a regulation Article 27 – paragraph 1 1. Within t
Amendment 79 #
Proposal for a regulation Article 27 – paragraph 2 2. The evaluation shall assess the utility, relevance and effectiveness of the Agency and its working practices. It shall also assess the protection of data, data security and respect for fundamental rights. The evaluation shall take into account the views of stakeholders, including parliaments and data protection supervisors, at both European and national level.
Amendment 80 #
Proposal for a regulation Article 27 – paragraph 3 3. The Management Board shall receive the evaluation and issue recommendations regarding changes to this Regulation, the Agency and its working practices to the Commission, which shall forward them, together with its own opinion as well as appropriate proposals, to the Council
source: PE-445.796
|
| 1 |
2009/0802(CNS) Judicial cooperation in criminal matters: prevention and settlement of conflicts of jurisdiction in criminal proceedings. Framework Decision. Initiative Czech Republic, Poland, Slovenia, Slovakia and Sweden
2009/09/23
LIBE
1 amendments...
Amendment 26 #
Article 8 -paragraph 1 - point c (c)
source: PE-428.153
|
| 1 | 2009/0803(CNS) Customs cooperation: use of information technology for customs purposes (repeal. CIS Convention and Protocols). Initiative France |
| 5 |
2010/0064(COD) Combating sexual abuse, sexual exploitation of children and child pornography
2011/01/19
LIBE
5 amendments...
Amendment 80 #
Proposal for a directive Recital 13 (13) Child pornography, which constitutes sex abuse images, is a specific type of content which cannot be construed as the expression of an opinion. To combat it, it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible Web and to ensure that investigation and prosecution of such crimes is prioritized. Action is therefore necessary to remove the content at source and apprehend those guilty of making, distributing or downloading child abuse images. The EU, in particular through increased cooperation with third countries and international organisations, should seek to facilitate the effective removal
Amendment 314 #
Proposal for a directive Article 21 – title Amendment 320 #
Proposal for a directive Article 21 – paragraph 1 1. Member States shall take the necessary legal measures to obtain the
Amendment 337 #
Proposal for a directive Article 21 – paragraph 2 2.
Amendment 341 #
Proposal for a directive Article 21 – paragraph 2 a (new) 2a. Any measure under paragraphs 1 and 2 shall respect the fundamental rights and freedoms of natural persons, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and general principles of Union law. It shall provide for a prior ruling including the right to an effective and timely judicial review.
source: PE-456.647
|
| 44 |
2010/0215(COD) Judicial cooperation in criminal matters: right to information in criminal proceedings
2011/01/13
LIBE
39 amendments...
Amendment 27 #
Proposal for a directive Recital 14 a (new) (14a) This Directive applies to suspected and accused persons on Union territory regardless of their legal status, citizenship or nationality.
Amendment 47 #
Proposal for a directive Article 2 – paragraph 1 1. This Directive applies from the time a person is made aware by the competent authorities of a Member State, by official notification or otherwise, that he or she is suspected or accused of having committed a criminal offence until the conclusion of the proceedings, which is understood to mean the final determination of the question whether the suspected or accused person has committed the offence, including, where applicable, sentencing and the resolution of any appeal. (the change from "he" to "he or she", from "him" to "him or her" and from "his" to "his or her" should be made throughout the text)
Amendment 49 #
Proposal for a directive Article 2 – paragraph 1 a (new) 1a. "Competent authorities" shall include, but not be limited to, police and investigatory authorities, prosecutors, magistrates and judges.
Amendment 50 #
Proposal for a directive Article 2 – paragraph 1 b (new) 1b. "Accusation" shall at least cover the situations in which a person is charged with a criminal offence in accordance with Article 6 ECHR as interpreted by the European Court of Human Rights.
Amendment 51 #
Proposal for a directive Article 2 – paragraph 1 c (new) 1c. "Evidentiary material related to the case" shall at least cover the right to have access to the case file.
Amendment 56 #
Proposal for a directive Article 3 – paragraph 1 1. Member States shall ensure that any person who is suspected or accused of having committed a criminal offence is provided
Amendment 59 #
Proposal for a directive Article 3 – paragraph 1 a (new) 1a. The competent authorities shall take steps to ensure that the suspected or accused person understands the information provided. If there is a possibility that the suspected or accused persons may be vulnerable due to age, language, incapacity or any other reason, police officers must take further steps to ensure that they understand their rights. Where such further steps require the assistance of a qualified interpreter in accordance with Directive 2010/64/EU or a responsible adult in the case of a child or less able person, the competent authority shall also inform the interpreter or responsible adult of the rights so that they can explain them to the suspected or accused person. The suspected or accused person shall be asked to confirm in writing that he has understood what his rights are.
Amendment 69 #
Proposal for a directive Article 3 – paragraph 2 – indent 4 a (new) – the right to remain silent,
Amendment 70 #
Proposal for a directive Article 3 – paragraph 2 – indent 4 b (new) – the right to maintain contact with family or friends or with consular officials,
Amendment 71 #
Proposal for a directive Article 3 – paragraph 2 – indent 4 c (new) – the right to apply for provisional release, where applicable, in accordance with Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention1. 1 OJ L 294, 11.11.2009, p. 20.
Amendment 77 #
Proposal for a directive Article 4 – paragraph 1 1. Where a person is
Amendment 87 #
Proposal for a directive Article 5 Member States shall ensure that any person subject to proceedings for the execution of a European Arrest Warrant receives an appropriate Letter of Rights setting out all of the rights of that person as laid down in the Framework Decision 2002/584/JHA.
Amendment 92 #
Proposal for a directive Article 6 – paragraph 2 2. The information required pursuant to paragraph 1 shall be delivered
Amendment 100 #
Proposal for a directive Article 6 – paragraph 3 a (new) (3a) The information provided under paragraph 3 shall be given orally and as soon as practicable in writing.
Amendment 101 #
Proposal for a directive Article 6 – paragraph 3 b (new) (3b) The duty to provide the information under paragraph 3 shall continue throughout the proceedings where new information becomes available.
Amendment 109 #
Proposal for a directive Article 7 – paragraph 2 a (new) 2a. Member States shall ensure that the limitations on the right of access to the case-file laid down in paragraph 2 do not in any way prejudice the accused persons' effective exercise of their right of defence.
Amendment 110 #
Proposal for a directive Article 7 – paragraph 2 b (new) 2b. Member States shall ensure that an effective remedy exists before an impartial tribunal to challenge the decision not to allow access to certain documents contained in the case-file.
Amendment 117 #
Proposal for a directive Annex 1 – title Amendment 118 #
Proposal for a directive Annex 1 – paragraph 2 – point B B. to the assistance of a lawyer. If you are not able to afford a lawyer, the police must provide you with information about how to get legal assistance.
Amendment 119 #
Proposal for a directive Annex 1 – paragraph 2 – point C a (new) Ca. not to say anything when questioned
Amendment 120 #
Proposal for a directive Annex 1 – paragraph 2 – point C b (new) Cb. to contact your family, friends, and consular officials
Amendment 121 #
Proposal for a directive Annex 1 – paragraph 2 – point D D. to know for how long you can be detained, to a regular review of your detention and to provisional release
Amendment 125 #
Proposal for a directive Annex 1 – part C – indent 4 a (new) – You may not be forced to sign any documents in a language which you do not understand. Refusing to do so will not be held against you.
Amendment 126 #
Proposal for a directive Annex 1 – part C a (new) Ca. The right not to say anything – You have the right not to say anything when questioned by the police. – The fact that you do not say anything may not be held against you.
Amendment 127 #
Proposal for a directive Annex 1 – part C b (new) Cb. Contacting friends, family and consular authorities – You have the right to contact your friends and family. – The police must help you contact your friends, family and, where applicable, your country's consular authority or embassy. They must do this as soon as possible after you have been detained. – People from the embassy or consular authority are entitled to visit you and arrange for a lawyer to assist you.
Amendment 128 #
Proposal for a directive Annex 2 – paragraph 1 Amendment 129 #
Proposal for a directive Annex 2 – paragraph 2 – point B B. to the assistance of a lawyer. If you are not able to afford a lawyer the police must provide you with information about how to get legal assistance
Amendment 130 #
Proposal for a directive Annex 2 – paragraph 2 – point D D.
Amendment 131 #
Proposal for a directive Annex 2 – paragraph 2 – point E a (new) Ea. to a regular review of your detention
Amendment 135 #
Proposal for a directive Annex 2 – part A – indent 1 – You have a right to know
Amendment 136 #
Proposal for a directive Annex 2 – part A – indent 1 a (new) – You have a right to know the contents of the arrest warrant sent from the other country (European Arrest Warrant).
Amendment 137 #
Proposal for a directive Annex 2 – part C – indent 4 a (new) – You may not be forced to sign any documents in a language which you do not understand. Refusing to do so will not be held against you.
Amendment 139 #
Proposal for a directive Annex 2 – part D – indent 1 – You
Amendment 140 #
Proposal for a directive Annex 2 – part D – indent 2 – If you agree to be surrendered, it may be difficult to change this decision at a later stage. You should speak to a lawyer before deciding whether or not to agree to surrender. There are particular grounds which you can rely on to prevent surrender. A lawyer can assist you in deciding whether they apply in your case.
Amendment 141 #
Proposal for a directive Annex 2 – part E – indent 1 Amendment 142 #
Proposal for a directive Annex 2 – part E – indent 1 a (new) – You have the right to a hearing where a judge will decide whether you should be sent to the country which is seeking your surrender.
Amendment 143 #
Proposal for a directive Annex 2 – part E – indent 1 b (new) – You have the right to be represented by a lawyer at this hearing – if you are not able to afford a lawyer, you must be provided with information about how to get legal assistance.
Amendment 144 #
Proposal for a directive Annex 2 – part E a (new) E a. Review of detention – You have the right to a regular review of the reasons for your detention – If you are not released, you must be brought before a judge within [X] hours after you have been deprived of your liberty.
source: PE-454.671
2011/12/01
JURI
5 amendments...
Amendment 48 #
Proposal for a directive Article 4 – paragraph 2 2.
Amendment 52 #
Proposal for a directive Article 5 Member States shall ensure that any person subject to proceedings for the execution of a European Arrest Warrant receives an appropriate Letter of Rights setting out all of the rights of that person as laid down in the Framework Decision 2002/584/JHA.
Amendment 67 #
Proposal for a directive Annex I – Title Amendment 74 #
Proposal for a directive Annex II – Title Amendment 87 #
Proposal for a directive Annex II – Title E – indent 1 source: PE-456.678
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| 4 |
2010/0246(COD) Explosives precursors: marketing and use
2011/07/19
LIBE
4 amendments...
Amendment 27 #
Proposal for a regulation Article 3 – paragraph 1 – point 4 (4) ‘suspicious transaction’ means any transaction concerning the substances listed in the Annexes, or mixtures containing those substances, where there are reasonable grounds for suspecting that the substance or mixture is intended for the production of home-made explosives, notably because of its unusual quantity, concentration, combination and frequency;
Amendment 48 #
Proposal for a regulation Article 6 – paragraph 2 2. Each Member State shall set up a national contact point with a clearly identified telephone number and e-mail address for the reporting of suspicious transactions. Such contact points shall be staffed by personnel of the law enforcement agencies.
Amendment 63 #
Proposal for a regulation Article 6 – paragraph 7 a (new) 7a. Reporting under this Article shall be limited to the name, licence number, items purchased, the amount of the transaction and the method of payment and the reasons giving rise to suspicion, for a maximum period of 2 years, unless a suspicious transaction or theft has led to an investigation which is still ongoing. The processing of personal data revealing racial or ethic origin, political opinions, religious or philosophical beliefs, trade- union membership, as well as the processing of data concerning health or sex life, is prohibited.
Amendment 64 #
Proposal for a regulation Article 7 Each Member State shall ensure that the processing of personal data carried out in application of this Regulation shall be in accordance with Directive 95/46/EC. In particular, each Member State shall ensure that the processing of personal data required by the granting of license pursuant to Articles 4 and 5 of this Regulation, and the reporting of suspicious transactions pursuant to Article 6 of this Regulation, shall comply with Directive 95/46/EC. Guidelines contained in the implementing decisions referred to in Articles 5(6) and 6(6) shall ensure that: - information is only disclosed to competent law enforcement authorities for the purpose of investigating terrorist activities or other suspected criminal abuse of explosive precursors; - the licensing authority shall inform license holders about the fact that their purchases will be recorded and may be subject to reporting if found suspicious; - a clear and concrete definition of suspicious transactions is provided, as well as criteria to identify them; - data security is guaranteed; - data is accessible only on a need to know basis and the list of recipients is published; - data subjects have a right of access correction or deletion, when appropriate, and a redress mechanism is foreseen. The European Data Protection Supervisor shall be consulted prior to drawing up these guidelines.
source: PE-469.861
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| 21 |
2010/0273(COD) Judicial cooperation in criminal matters: combating attacks against information systems
2012/01/27
LIBE
21 amendments...
Amendment 45 #
Proposal for a directive Recital 10 (10) This Directive does not intend to impose criminal liability where the offences are committed without criminal intent, such as for
Amendment 51 #
Proposal for a directive Recital 12 a (new) (12a) In order to fight cybercrime effectively, it is also necessary to increase the resilience of information systems by protecting them more effectively against attacks and setting the right incentives for this. In this respect, the establishment of minimum standards and of liability for vendors and operators for the adequate protection of information systems should play a central role. Therefore, the Union and the Member States' fight against cybercrime will have an impact, only if this Directive is accompanied by preventive measures against such offences adopted in accordance with Article 67(3) and Article 84 of the Treaty of the Functioning of the European Union.
Amendment 55 #
Proposal for a directive Recital 12 b (new) (12b) Member States should consider the protection of their information systems and associated data. Reasonable levels of protection should be provided against reasonably identifiable threats and vulnerabilities. The cost and burden of such protection should be proportionate to the likely damage to those affected.
Amendment 60 #
Proposal for a directive Recital 12 c (new) (12c) Member States should also take appropriate steps to oblige legal persons within their jurisdictions who operate or provide IT systems to protect from offences referred to in this Directive. Reasonable levels of protection should be provided by legal persons against reasonably identifiable threats and vulnerabilities. Such protection should be proportionate to the likely damage to those affected. Where a legal person has clearly failed to provide a reasonable level of protection, and where the damage caused as a result of such failure is considerable, Member States should ensure that it is possible to impose deterrent sanctions and to prosecute this legal person for negligence.
Amendment 63 #
Proposal for a directive Recital 12 d (new) (12d) It is also necessary to foster and improve cooperation between service providers, producers, law enforcement bodies and judicial authorities, while fully respecting the rule of law, especially as regards legal certainty and foreseeability, as well as the rights of suspected and accused persons such as the presumption of innocence and judicial redress.
Amendment 76 #
Proposal for a directive Article 2 – point c (c) ‘legal person’ means any entity having such status under the applicable law, except for States or other public bodies in the exercise of State authority and for public international organisations
Amendment 78 #
Proposal for a directive Article 2 – point d (d)
Amendment 86 #
Proposal for a directive Article 3 Member States shall take the necessary measures to ensure that the intentional access without right -meaning entering to the whole or any part of an information system- is punishable as a criminal offence, at least for cases which are not minor. The conduct referred to in paragraph 1 shall be incriminated only where the offence is committed by infringing a security measure and provided that the operator or vendor of the system is not fully informed of the vulnerability in a timely manner.
Amendment 92 #
Proposal for a directive Article 6 – paragraph 1 Member States shall take the necessary measures to ensure that the intentional interception by technical means, of non- public transmissions of computer data to, from or within a information system, including electromagnetic emissions from an information system carrying such computer data, is punishable as a criminal offence when committed without right, at least for cases which are not minor.
Amendment 93 #
Proposal for a directive Article 7 – introductory part Amendment 96 #
Proposal for a directive Article 8 Amendment 101 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall take the necessary measures to ensure that the offences referred to in Articles 3 to
Amendment 104 #
Proposal for a directive Article 9 – paragraph 2 2. Member States shall take the necessary measures to ensure that the offences referred to in Articles 3 to 7 are punishable by criminal penalties of a maximum term of imprisonment of at least
Amendment 107 #
Proposal for a directive Article 10 – paragraph 1 1. Member States shall take the necessary measures to ensure that the offences referred to in Articles 3 to 7 are punishable by criminal penalties of a maximum term of imprisonment of at least between two and five years when committed within the framework of a criminal organization as defined in Framework Decision 2008/841/JHA.
Amendment 110 #
Proposal for a directive Article 10 – paragraph 2 2. Member States shall take the necessary measures to ensure that the offences referred to in Articles 3 to 6 are punishable by criminal penalties of a maximum term of imprisonment of at least between two and five years when committed through the use of a tool designed to launch attacks affecting a significant number of information systems, or attacks causing considerable damage, such as disrupted system services, financial cost or loss of personal data.
Amendment 111 #
Proposal for a directive Article 10 – paragraph 3 Amendment 113 #
Proposal for a directive Article 10 – paragraph 3 a (new) 3a. Member States shall ensure that the penalties referred to Article 9 will not apply to offences referred to in Articles 3 to 7 when the offences are clearly not committed for criminal intent, such as during the testing or the immediate protection of information systems, or if the operator or vendor of the system is fully informed of the vulnerability in a timely manner.
Amendment 114 #
Proposal for a directive Article 10 – paragraph 3 b (new) 3b. Member States shall consider the protection of their information systems and associated data. Reasonable levels of protection should be provided against reasonably identifiable levels of threats and vulnerabilities, with the protection proportionate to the probable damage to the parties concerned.
Amendment 115 #
Proposal for a directive Article 10 – paragraph 3 c (new) 3c. Member States shall take appropriate steps to oblige legal persons under their jurisdictions to protect information systems from offences detailed in Articles 3 to 7. Reasonable levels of protection should be provided against reasonably identifiable levels of threats and vulnerabilities, with the protection proportionate to the probable damage to the parties concerned.
Amendment 116 #
Proposal for a directive Article 10 – paragraph 3 d (new) 3d. Where legal persons are considered to have failed to provide a reasonable level of protection as detailed in paragraph 3b and 3c against offenses detailed in Articles 3 to 7, and where these offenses are considered to have been carried out with clear criminal intent, then these offenses will be considered to have been carried out under alleviating circumstances when applying criminal penalties.
Amendment 117 #
Proposal for a directive Article 10 – paragraph 3 e (new) 3e. Where legal persons have clearly failed to provide a reasonable level of protection and in cases where the damage caused as a result of this failure is considerable, then Member States shall ensure that is possible to impose deterrent sanctions and to prosecute this legal person for negligence.
source: PE-480.665
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| 2 |
2010/0275(COD) European Network and Information Security Agency (ENISA): further development
2011/09/27
LIBE
2 amendments...
Amendment 39 #
Proposal for a regulation Article 3 – paragraph 1 – point (f a) (new) (fa) Support law enforcement and judicial authorities, at their request or on the Agency's own initiative, with expertise in fighting cybercrime and responding to cyber incidents. The Agency shall however not initiate specific criminal investigations and shall not routinely be called to provide operational assistance to law enforcement and judicial authorities, such as cybercrime investigations or computer forensics;
Amendment 42 #
Proposal for a regulation Article 3 a (new) Article 3a Computer Emergency Response Teams (CERTs) 1. The Agency shall support national CERTs in Member States and at Union level and the establishment and operation of a network of national and Union CERTs, including the members of the European Governmental CERTs Group. To assist in ensuring that each of the national and Union CERTs have sufficiently advanced capabilities and that those capabilities correspond as far as possible to the capabilities of the most advanced CERTs, the Agency shall assist in benchmarking the teams and shall promote dialogue and exchange of information and best practices between the CERTs and the European Governmental CERTs Group. The Agency shall promote and support cooperation between the relevant national and Union CERTs in the event of incidents involving or potentially involving several of them. 2. The Agency shall facilitate contacts and exchanges of information and best practices with relevant state and other CERTs, groups and fora in third countries. 3. The Agency shall function as the EU CERTs coordination body.
source: PE-472.375
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| 3 |
2010/0817(COD) European Investigation Order in criminal matters. Initiative Belgium, Bulgaria, Estonia, Spain, Austria, Slovenia and Sweden
2012/10/02
LIBE
3 amendments...
Amendment 96 #
Draft directive Article 5 – paragraph 1 1. The EIO s
Amendment 99 #
Draft directive Article 5 a (new) Article 5a Minor offences Where the executing authority has reasons to believe that: (a) the investigative measure concerns an offence which it might consider being very minor, or (b) it is likely that the final penalty in the case may be very minor, the executing authority shall consult the issuing authority on the importance to execute the investigative measure in the specific case if such an explanation has not been made in the EIO, or in case the executing authority, after having received the EIO, is of the opinion that it may not be proportionate to execute the EIO regarding this minor offence. After such consultation, the issuing authority may decide to withdraw the EIO.
Amendment 127 #
Draft directive Article 13 source: PE-480.869
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| 13 |
2010/2016(INI) Guaranteeing independent impact assessments
2011/03/03
JURI
13 amendments...
Amendment 2 #
Motion for a resolution Citation 1 a (new) - having regard to the Lisbon Treaty, which entered into force on 1 December 2009,
Amendment 6 #
Motion for a resolution Recital A a (new) Aa. whereas following the entry into force of the Lisbon Treaty the Charter of Fundamental Rights has the same legal value as the European Union treaties and impact assessments should always verify the compatibility of the legislation with fundamental rights,
Amendment 8 #
Motion for a resolution Recital D a (new) Da. whereas the Lisbon Treaty contains "horizontal" social and environmental clauses (Article 9 and 11 TFEU) the Union should take into account and integrate when defining and implementing Union actions and policies,
Amendment 21 #
Motion for a resolution Paragraph 4 4. Considers
Amendment 26 #
Motion for a resolution Paragraph 7 7. Considers it
Amendment 29 #
Motion for a resolution Paragraph 8 8. Calls for impact assessments to take a large number of criteria into account in order to provide the legislator with as comprehensive a picture as possible; calls for impact assessments to always evaluate the compatibility of the legislation with fundamental rights; recalls the "horizontal" social and environmental clauses (Article 9 and 11 TFEU) of the Lisbon Treaty ; also draws attention in this context to the economic, social and environmental aspects referred to in the interinstitutional agreement of 16 December 2003, which are to be combined in a single evaluation;
Amendment 39 #
Motion for a resolution Paragraph 16 16. Stresses that impact assessments should not take place only before the adoption of a legislative text (ex-ante) but should also be carried out after its adoption (ex-post); points out that this is necessary in order to evaluate more accurately whether the objectives of a law have actually been achieved and whether a legal act should be amended or retained; stresses nevertheless that the ex-post evaluation should never replace the Commission's duty as "Guardian of the Treaties" to monitor effectively and in a timely manner the application of Union law by Member States;
Amendment 43 #
Motion for a resolution Paragraph 20 Amendment 54 #
Motion for a resolution Paragraph 29 29. Calls for the
Amendment 57 #
Motion for a resolution Paragraph 33 33. Notes that Parliament and its committees already possess the machinery with which to scrutinise the Commission's impact assessments; stresses that this may take a number of forms, including complementary impact assessments, more detailed analyses, the review of Commission impact assessments by external experts and the holding of special meetings with independent experts; stresses that the work of its policy departments in this area should develop in a consistent manner also supported by budgetary increases;
Amendment 64 #
Motion for a resolution Paragraph 40 40. Urges that th
Amendment 66 #
Motion for a resolution Paragraph 41 Amendment 68 #
Motion for a resolution Paragraph 42 source: PE-460.656
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| 11 |
2010/2309(INI) Organised crime in the European Union
2011/05/31
LIBE
11 amendments...
Amendment 89 #
Motion for a resolution Paragraph 4 4.
Amendment 108 #
Motion for a resolution Paragraph 7 7. Is dissatisfied with the extremely limited impact on the legislative systems of the Member States of Framework Decision 2008/841/JHA on organised crime, which has not made any significant improvement to national laws or to operational cooperation to counter organised crime; stresses, therefore, the need to review and strengthen the legislative framework and calls on the Commission to submit, by the end of 2012, a
Amendment 127 #
Motion for a resolution Paragraph 10 10. Stresses the importance of providing appropriate protection for the victims of organised crime, witnesses, informers and their families and
Amendment 136 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to
Amendment 140 #
Motion for a resolution Paragraph 12 Amendment 152 #
Motion for a resolution Paragraph 14 14. Asserts the importance of
Amendment 159 #
Motion for a resolution Paragraph 15 15.
Amendment 170 #
Motion for a resolution Paragraph 17 17. Is aware that in order to overcome practical obstacles to judicial cooperation, considerable attention needs to be paid to informing and raising awareness among the judicial and police authorities and defence lawyers and calls on the Member States to consider judicial and police training plus defence rights a political priority; at the same time, calls on the Commission to mobilise the appropriate resources, including financial ones, to support the activity of the Member States;
Amendment 197 #
Motion for a resolution Paragraph 21 Amendment 209 #
Motion for a resolution Paragraph 22 22. Is convinced of the intrinsic link between organised crime and corruption and emphatically reiterates the request it expressed when adopting Written Declaration 02/10, both with reference to the creation of a mechanism to assess and monitor the policies of the 27 Member States in combating corruption and with regard to the framing of a comprehensive anti-corruption policy by the EU institutions; stresses the need for a proactive approach to combating corruption and calls on the Commission to place emphasis on measures to counter political corruption
Amendment 215 #
Motion for a resolution Paragraph 24 24. Undertakes to lay down rules to ensure that those who have been convicted of membership of criminal organisations or who have committed offences relating to such organisations, including aiding and abetting, or of corruption offences, will be unable to stand for election to the European Parliament; calls on European political groups to draw up internal codes of ethics to prevent those who have been convicted,
source: PE-464.937
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| 16 |
2010/2311(INI) EU Counter-Terrorism Policy: main achievements and future challenges
2011/02/05
LIBE
16 amendments...
Amendment 77 #
Motion for a resolution Recital G a (new) G a. whereas there is an urgent need for a uniform legal definition of the concept of ‘profiling’ based on the relevant fundamental rights and data protection standards to reduce uncertainty as to which activities are prohibited and which are not,
Amendment 78 #
Motion for a resolution Recital G b (new) G b. whereas terrorist activities in Europe are mostly of a regional nature and there are considerable differences in their origins and modalities; whereas EU policies to coordinate national counterterrorism activities need to be tailored as opposed to having a ‘one size fits all approach’;
Amendment 85 #
Motion for a resolution Paragraph 2 2. Deplores also the fact that the Communication does not sufficiently cover measures taken by DGs other than JLS (such as TRAN, ENTER or MARKT) and that it does not give a clear idea how the measures interact and where there is overlap or gaps; is of the opinion that all the above levels must also be considered, as European, national and international measures are complementary and assessing individual measures does not provide a complete picture of the impact of counter- terrorism policies in Europe;
Amendment 90 #
Motion for a resolution Paragraph 3 3.
Amendment 111 #
Motion for a resolution Paragraph 4 4. Stresses that a proper evaluation of ten years of counter-terrorism policies must provide the basis for an evidence-based, needs-driven, coherent and comprehensive EU counter-terrorism strategy by means of an in-depth and complete appraisal to be carried out by a panel of independent experts reporting back to a Joint Parliamentary Meeting of the European Parliament and national parliamentary committees responsible for overseeing counterterrorism activities within six months after the study is commissioned, drawing upon reports to be requested from relevant organisations and agencies such as Europol, Eurojust, the Fundamental Rights Agency, the European Data Protection Supervisor, the Council of Europe and the United Nations;
Amendment 121 #
Motion for a resolution Paragraph 5 – point a a. provide a clear
Amendment 126 #
Motion for a resolution Paragraph 5 – point b b. set out the facts and figures relating to terrorist activity (successful, failed, prevented attacks) and counter-terrorism activity (arrests and convictions);stresses that such figures have to be verifiable and subject to cross-examination;
Amendment 131 #
Motion for a resolution Paragraph 5 – point c c. include a full overview of the accumulated impact of counter-terrorism measures on civil liberties, including Member State policies and measures by third countries with a direct impact in the EU quantified at least in terms of discrimination statistics and violations of civil liberties found in the relevant case law of the ECHR, ECJ and national courts;
Amendment 137 #
Motion for a resolution Paragraph 5 – point d d. examine whether the current instruments for assessing the impact on privacy and civil liberties are adequate taking into account the interinstitutional agreements and further activities on better lawmaking;
Amendment 140 #
Motion for a resolution Paragraph 5 – point e e. identify where
Amendment 149 #
Motion for a resolution Paragraph 6 6. Calls on the
Amendment 154 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to assist the activities of the panel of experts by drawing up a complete and detailed ‘map’ of all counter-
Amendment 170 #
Motion for a resolution Paragraph 11 – point b b. all existing measures must be subjected to a retrospective proportionality test
Amendment 190 #
Motion for a resolution Paragraph 13 13. Considers that the EU and its Member States must fully clarify their role in the CIA programme of renditions and black sites, in line with the recommendations of the European Parliament and the Council of Europe; insists that the Member States must fully collaborate with further investigations into the matter;
Amendment 204 #
Motion for a resolution Paragraph 15 a (new) 15 a. Calls upon the Commission to incorporate a uniform legal definition of the concept of ‘profiling’ in the upcoming revision of the Union’s data protection framework;
Amendment 217 #
Motion for a resolution Paragraph 18 a (new) 18 a. Calls on the Council to follow the example of the United Nations by appointing a coordinator on the promotion and protection of human rights and fundamental freedoms while countering terrorism;
source: PE-464.701
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| 63 |
2011/0023(COD) Fight against terrorism and serious crime: use of passenger name record (PNR) data
2012/03/04
LIBE
17 amendments...
Amendment 56 #
Proposal for a directive Recital 5 (5) PNR data
Amendment 63 #
Proposal for a directive Recital 6 (6) PNR data may help law enforcement authorities prevent, detect, investigate and prosecute serious transnational crimes, including acts of terrorism, by comparing them with various databases of persons and objects sought, to
Amendment 67 #
Proposal for a directive Recital 7 Amendment 75 #
Proposal for a directive Recital 10 Amendment 92 #
Proposal for a directive Recital 12 (12) The definition of terrorist offences should be taken from Article
Amendment 105 #
Proposal for a directive Recital 14 (14) The contents of
Amendment 110 #
Proposal for a directive Recital 15 (15) There are two possible methods of data transfer currently available: the ‘pull’ method, under which the competent authorities of the Member State requiring the data can reach into (access) the air carrier's reservation system and extract (‘pull’) a copy of the required data, and the ‘push’ method, under which air carriers transfer (‘push’) the required PNR data to the authority requesting them, thus allowing air carriers to retain control of what data is provided. The ‘push’ method is considered to offer a higher degree of data protection and should be mandatory
Amendment 129 #
Proposal for a directive Recital 20 (20) Member States should share with other Member States the PNR data that they receive where such transfer is necessary for the prevention, detection, investigation or prosecution of terrorist offences or serious transnational crime. The provisions of this Directive should be without prejudice to other Union instruments on the exchange of information between police and judicial authorities, including Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) and Council Framework Decision 2006/960/JHA of 18 September 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union. Such exchange of PNR data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation.
Amendment 132 #
Proposal for a directive Recital 21 (21) The period during which PNR data are to be retained should be proportionate to the purposes of the prevention, detection, investigation and prosecution of terrorist offences and serious crime. Because of the nature of the data and their uses, it is necessary that the PNR data are retained for a sufficiently long period for carrying out analysis and for use in investigations.
Amendment 136 #
Proposal for a directive Recital 21 (21) The period during which PNR data are to be retained should be proportionate to the purposes of the prevention, detection, investigation and prosecution of terrorist offences and serious transnational crime. Because of the nature of the data and their uses, it is necessary that the PNR data are retained for a sufficiently long period for carrying out analysis and for use in investigations.
Amendment 160 #
Proposal for a directive Recital 28 Amendment 178 #
Proposal for a directive Recital 32 (32) In particular, the scope of the Directive is as limited as possible, it allows retention of PNR data for period of time not exceeding
Amendment 194 #
Proposal for a directive Article 1 – paragraph 2 – point a (a) The prevention, detection, investigation and prosecution of terrorist offences and
Amendment 197 #
Proposal for a directive Article 1 – paragraph 2 – point b Amendment 203 #
Proposal for a directive Article 1 – paragraph 2 a (new) 2a. This Directive shall not apply to flights within the Union or to means of transport other than airplanes.
Amendment 204 #
Proposal for a directive Article 1 – paragraph 2 b (new) 2b. PNR data collected in accordance with this Directive may not be processed for minor offences which are punishable by a custodial sentence or a detention order for a maximum period of less than three years under the national law of a Member State.
source: PE-486.017
2012/03/28
LIBE
46 amendments...
Amendment 216 #
Proposal for a directive Article 2 – paragraph 1 – point h Amendment 224 #
Proposal for a directive Article 2 – paragraph 1 – point i – introductory part (i)
Amendment 242 #
Proposal for a directive Article 3 – paragraph 3 a (new) 3a. The storage, processing and analysis of PNR data relating to passengers on international flights shall be carried out exclusively within the territory of the Union. The law applicable to these procedures shall therefore be Union law on personal data protection.
Amendment 251 #
Proposal for a directive Article 4 – paragraph 1 a (new) 1a. The Member States shall bear the costs of collecting, processing and forwarding PNR data.
Amendment 255 #
Proposal for a directive Article 4 – paragraph 2 – point a Amendment 264 #
Proposal for a directive Article 4 – paragraph 2 – point b (b)
Amendment 270 #
Proposal for a directive Article 4 – paragraph 2 – point d Amendment 278 #
Proposal for a directive Article 4 – paragraph 3 a (new) 3a. The processing of PNR data may be authorised only by order of a competent court or body of a Member State following an application by the Passenger Information Unit. Only where the Passenger Information Unit identifies danger in delay ('periculum in mora') may it authorise such processing itself.
Amendment 280 #
Proposal for a directive Article 4 – paragraph 4 4. The Passenger Information Unit of a Member State shall transfer the PNR data or the results of the processing of PNR data of the persons identified in accordance with point
Amendment 305 #
Proposal for a directive Article 6 – paragraph 1 1. Member States shall adopt the necessary measures to ensure that air carriers which already collect PNR data from their passengers transfer (
Amendment 308 #
Proposal for a directive Article 6 – paragraph 1 a (new) 1 a. Member States shall not require air carriers to collect any PNR data that the air carriers do not already collect. Air carriers shall not transfer any PNR data other than those defined in Article 2(c) and specified in the Annex. Air carriers shall not be liable for the accuracy and completeness of data provided by passengers, except when they did not take reasonable care to ensure that the data collected from passengers were accurate and correct.
Amendment 311 #
Proposal for a directive Article 6 – paragraph 2 – introductory part 2. Air carriers shall transfer PNR data by electronic means using the common protocols and supported data formats to be adopted in accordance with the procedure of Articles 13 and 14 or, in the event of technical failure of the air carriers, by any other appropriate means ensuring an appropriate level of data security:
Amendment 316 #
Proposal for a directive Article 6 – paragraph 2 – point a (a) once 24 to 48 hours before the scheduled time for flight departure;
Amendment 317 #
Proposal for a directive Article 6 – paragraph 2 – point b (b) once immediately after flight closure, that is once the passengers have boarded the aircraft in preparation for departure and it is no longer possible for further passengers to board.
Amendment 319 #
Proposal for a directive Article 6 – paragraph 3 3. Member States
Amendment 324 #
Proposal for a directive Article 6 – paragraph 4 4. On a case-by-case basis, upon request from a Passenger Information Unit in accordance with national law, air carriers shall transfer PNR data where access earlier than that mentioned in point (a) of paragraph 2 is necessary to assist in responding to a specific and actual threat related to terrorist offences or serious
Amendment 331 #
Proposal for a directive Article 7 – paragraph 1 1. Member States shall ensure that, with regard to persons identified by a Passenger Information Unit in accordance with Article 4(2)
Amendment 337 #
Proposal for a directive Article 7 – paragraph 2 2. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter's database in accordance with Article 9(1), and, if necessary, also the result of the processing of PNR data. The request for such data shall be strictly limited to the data necessary in the specific case. It may be based on any one or a combination of data elements, as deemed necessary by the requesting Passenger Information Unit for a specific case of prevention, detection, investigation or prosecution of terrorist offences or serious
Amendment 343 #
Proposal for a directive Article 7 – paragraph 3 3. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter's database in accordance with Article 9(2), and, if necessary, also the result of the processing of PNR data. The Passenger Information Unit may request access to specific PNR data kept by the Passenger Information Unit of another Member State in their full form without the masking out only in exceptional circumstances in response to a specific threat or a specific investigation or prosecution related to terrorist offences or serious
Amendment 351 #
Proposal for a directive Article 7 – paragraph 4 4. Only in those cases where it is necessary for the prevention of an immediate and serious threat to public security may the competent authorities of a Member State request directly the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter's database in accordance with Article 9(1) and (2). Such requests shall relate to a specific investigation or prosecution of terrorist offences or serious transnational crime and shall be reasoned. Passenger Information Units shall respond to such requests as a matter of priority. In all other cases the competent authorities shall channel their requests through the Passenger Information Unit of their own Member State.
Amendment 356 #
Proposal for a directive Article 7 – paragraph 5 5. Exceptionally, where early access is necessary to respond to a specific and actual threat related to terrorist offences or serious transnational crime, the Passenger Information Unit of a Member State shall have the right to request the Passenger Information Unit of another Member State to provide it with PNR data of flights landing in or departing from the latter's territory at any time. Such requests shall be strictly limited to the data necessary in the specific case for the prevention, detection, investigation or prosecution of a terrorist offence or serious transnational crime and shall be justified in writing.
Amendment 359 #
Proposal for a directive Article 7 – paragraph 6 6. Exchange of information under this Article may take place using any existing channels for European and international law enforcement cooperation, in particular Europol and national units under Article 8 of Council Decision 2009/371/JHA of 6 April 2009. The language used for the request and the exchange of information shall be the one applicable to the channel used. Member States shall, when making their notifications in accordance with Article 3(3), also inform the Commission with details of the contacts to which requests may be sent in cases of urgency. The Commission shall communicate to the Member States the notifications received.
Amendment 363 #
Proposal for a directive Article 8 – paragraph 1 – introductory part A Member State may transfer PNR data and the results of the processing of PNR data to a third country only on the basis of an international agreement between the Union and that third country, only on a case-by-
Amendment 371 #
Proposal for a directive Article 8 – paragraph 1 – point c (c) the third country
Amendment 375 #
Proposal for a directive Article 8 – paragraph 1 – point c a (new) (ca) the third country allows Union citizens, without excessive delay or expense, the same rights of access, rectification, erasure and compensation with regard to the PNR data as apply in the Union,
Amendment 377 #
Proposal for a directive Article 8 – paragraph 1 – point c b (new) (cb) the third country ensures an adequate and comparable level of protection for PNR data.
Amendment 378 #
Proposal for a directive Article 8 – paragraph 1 – point c c (new) (cc) all the conditions set out in Article 7 are met, mutatis mutandis.
Amendment 383 #
Proposal for a directive Article 9 – paragraph 2 – subparagraph 1 Amendment 394 #
Proposal for a directive Article 9 – paragraph 3 3. Member States shall ensure that the PNR data are deleted upon expiry of the period specified in paragraph
Amendment 398 #
Proposal for a directive Article 9 – paragraph 4 4. The result of matching referred to in Article 4(2)
Amendment 402 #
Proposal for a directive Article 10 – paragraph 1 Member States shall ensure, in conformity with their national law, that dissuasive, effective and proportionate penalties, including financial penalties, are provided for against air carriers which
Amendment 405 #
Proposal for a directive Article 11 – paragraph 1 1. Each Member State shall provide that
Amendment 410 #
Proposal for a directive Article 11 – paragraph 2 a (new) 2a. Where provisions adopted under national law in implementation of Directive 95/46/EC provide the passenger with greater rights of access, rectification, erasure and blocking of the data, of compensation, of judicial redress, of confidentiality of processing and of data security than the provisions referred to in paragraphs 1 and 2, those provisions shall apply.
Amendment 416 #
Proposal for a directive Article 11 – paragraph 4 a (new) 4a. A particularly high security standard shall be used for the protection of all data, geared to the latest developments in expert discussions on data protection, and constantly updated to include new knowledge and insights. Economic aspects shall be taken into account as a secondary concern at most when the relevant decisions on the security standards to be applied are taken. In particular, a state of the art encryption process shall be used which: - ensures that data-processing systems cannot be used by unauthorised persons; - ensures that authorised users of a data- processing system can access no data other than those to which their access right refers, and that personal data cannot be read, copied, changed or removed without authorisation when being processed or used and after retention; - ensures that personal data cannot be read, copied, changed or removed without authorisation when being electronically transmitted or during transport or saving to a storage medium, and ensures that it is possible to check and establish to which locations personal data are to be transferred by data transmission facilities. The possibility of retrospectively checking and establishing whether and by whom personal data have been entered in data- processing systems, changed or removed shall be guaranteed. It shall be guaranteed that personal data processed under contract may be processed only in accordance with the contracting entity's instructions. The protection of personal data against accidental destruction or loss shall be guaranteed. The possibility of processing data collected for different purposes separately shall be guaranteed.
Amendment 418 #
Proposal for a directive Article 11 – paragraph 5 5. Member States shall ensure that air carriers, their agents or other ticket sellers for the carriage of passengers on air service inform passengers of international flights at the time of booking a flight and at the time of purchase of a ticket in a clear and precise manner about the provision of PNR data to
Amendment 428 #
Proposal for a directive Article 12 a (new) Article 12a By...* the Commission shall submit a report on the financial impact of this Directive to the European Parliament and the Council. The report shall focus in particular on the costs incurred by passengers, air carriers and ticket sellers. If appropriate, the report shall be accompanied by a legislative proposal aimed at harmonising the division of the financial burden between public authorities and air carriers across the Union. _____________ * OJ : please insert date: 2 years after the date of entry into force of this Directive.
Amendment 459 #
Proposal for a directive Annex 1 – point 6 Amendment 467 #
Proposal for a directive Annex 1 – point 11 Amendment 471 #
Proposal for a directive Annex 1 – point 12 Amendment 475 #
Proposal for a directive Annex 1 – point 13 Amendment 478 #
Proposal for a directive Annex 1 – point 14 Amendment 484 #
Proposal for a directive Annex 1 – point 17 Amendment 487 #
Proposal for a directive Annex 1 – point 19 source: PE-486.159
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| 7 |
2011/0129(COD) Rights, support and protection of victims of crime: minimum standards
2012/07/03
JURI
7 amendments...
Amendment 34 #
Proposal for a directive Recital 18 (18) Beyond these categories, but again based on personal characteristics and the crime, any person could be vulnerable. Only through individual assessments, carried out at the earliest opportunity by those in a position to make recommendations on protection measures, can such vulnerabilities be effectively identified. The assessment should in particular take into account age, gender and gender identity, ethnicity, race, religion, sexual orientation, state of health, disability, communication difficulties, relationship to or dependence on the suspected or accused person, previous experience of crime, the type or nature of the crime such as organised crime, terrorism, or bias crimes and whether the victim is a foreign victim.
Amendment 36 #
Proposal for a directive Recital 25 a (new) (25a) Environmental damage is not victimless. Environmental crime is difficult to address because it can result in collective or mass victimisation, has a tendency to affect non-conventional victims, and the resulting victimisation is often gradual and silent. Environmental harm and the question of the victims of environmental crime affect not only individual interests but also those of entire communities or groups of people, and includes the need to consider the consequences of today's actions for future generations based on intergenerational responsibility and to recognise that all people, in present and future generations, have the right to live in an environment conducive to their health and wellbeing in accordance with Regulation (EC) No 1367/2006 of 6 September 2006 of the European Parliament and of the Council on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies. Certain procedural environmental rights concerning, inter alia, access to justice can be ensured through the recognition, by this Directive, of the environment and its ecosystems as potential victims of illicit behaviour. ____________ 1. OJ L 264, 5.9.2006, p. 13.
Amendment 37 #
Proposal for a directive Article 2 – point a – point ii a (new) (iia) the environment which has suffered damage caused by a criminal offence. Member States shall ensure that any group, foundation or association which, according to its statutes under national law, aims to protect the environment can benefit from the rights conferred pursuant to Chapter 3 of this Directive.
Amendment 39 #
Proposal for a directive Article 3 – introductory part Member States shall ensure that all victims are provided with the following information, without unnecessary delay and in a language that the victim understands, conveyed using child- sensitive communication techniques where appropriate, from their first contact with the authority competent to receive a complaint concerning a criminal offence:
Amendment 46 #
Proposal for a directive Article 7 – paragraph 4 a (new) 4a. Member States shall allow non- governmental organisations with a legitimate interest to intervene in criminal proceedings in support of, or on behalf of, the victim or victims, in particular where the criminal offence harms the environment or infringes the public interest by injuring an unspecified number of people.
Amendment 54 #
Proposal for a directive Article 18 – paragraph 1 – point b Amendment 59 #
Proposal for a directive Article 18 – paragraph 3 a (new) 3a. Member States shall ensure the proper application of victims' rights in cases of mass victimisation caused by a criminal offence.
source: PE-483.848
|
| 17 |
2011/0154(COD) Judicial cooperation in criminal matters: right of access to a lawyer in criminal proceedings and right to communicate upon arrest
2012/03/22
LIBE
17 amendments...
Amendment 102 #
Proposal for a directive Article 3 – paragraph 1 a (new) 1a. Member States shall notify suspects and accused persons that they have a right of access to a lawyer in accordance with the Directive on the right to information in criminal proceedings. They shall also ensure that this right is communicated in an appropriate manner that can be understood by all persons, including children and vulnerable.
Amendment 117 #
Proposal for a directive Article 4 – paragraph 3 3. The lawyer shall have the right of access to the materials of the case and to be present at any other investigative or evidence-gathering act at which the suspect or accused person’s presence is required or permitted as a right, in accordance with national law, unless this would prejudice the acquisition of evidence. He shall have the right to request evidence-gathering himself.
Amendment 126 #
Proposal for a directive Article 4 – paragraph 4 4. T
Amendment 130 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall ensure that a person to whom Article 2 refers and who is deprived of his liberty has the right to communicate immediately with at least one person named by him as soon as possible.
Amendment 131 #
Proposal for a directive Article 5 – paragraph 2 2. Where the person is a child or a vulnerable person, Member States shall ensure that the child’s legal representative or another adult, depending on the interest of the child or the vulnerable person, is informed as soon as possible of the deprivation of liberty and the reasons pertaining thereto, unless it would be contrary to the best interests of the child or the vulnerable person, in which case another appropriate adult or legal representative shall be informed.
Amendment 133 #
Proposal for a directive Article 6 Member States shall ensure that persons to whom Article 2 refers, who are deprived of their liberty and who are non-nationals have the right to have consular or diplomatic authorities of their State of nationality informed of the detention as soon as possible and to communicate with and be visited by the consular or diplomatic authorities in private. Consular authorities may also arrange access to a lawyer for the suspect or accused person.
Amendment 136 #
Proposal for a directive Article 7 Member States shall ensure that the confidentiality of meetings between the suspect or accused person and his lawyer is guaranteed. They shall also ensure the confidentiality of correspondence, telephone conversations and other forms of communication permitted under national law between the suspect or accused person and his lawyer. Confidentiality shall not be subject to any exception; any infringement thereof shall be sanctioned in accordance with national law.
Amendment 141 #
Proposal for a directive Article 8 – paragraph 1 – point a (a) shall be justified by compelling reasons in the light of the particular circumstances of the case pertaining to the urgent need to avert serious adverse consequences for the life or physical integrity of a person;
Amendment 149 #
Proposal for a directive Article 8 – paragraph 2 Derogations may only be authorised by a duly reasoned decision taken by an independent judicial authority on a case- by-case basis. The duly reasoned decision shall be recorded in writing.
Amendment 151 #
Proposal for a directive Article 9 – paragraph 1 – point b (b) he has the necessary capacity to understand these consequences and has reached the age of majority
Amendment 154 #
Proposal for a directive Article 9 – paragraph 2 2. The waiver and the circumstances in which it was given shall be filed in writing and be recorded in accordance with the law of the Member State concerned.
Amendment 158 #
Proposal for a directive Article 10 – paragraph 1 1. Member States shall ensure that any person other than a suspect or accused person who is heard by the police or other enforcement authority in the context of a criminal procedure is granted access to a lawyer if, in the course of questioning, interrogation or hearing, he becomes suspected or accused of having committed a criminal offence. This person has to be informed promptly that he or she is a suspect and/or accused person. Any such questioning, interrogation or hearing shall be suspended immediately.
Amendment 160 #
Proposal for a directive Article 10 – paragraph 1 a (new) 1a. Access to a lawyer shall be granted in such a time and manner as to allow the suspect or accused person to exercise his rights of defence effectively.
Amendment 163 #
Proposal for a directive Article 11 – paragraph 2 – subparagraph 1 – indent 3 a (new) - the right that he and his lawyer have access to the materials of the case;
Amendment 165 #
Proposal for a directive Article 11 – paragraph 4 4. The lawyer of this person in the issuing Member State shall have the right to carry out activities
Amendment 167 #
Proposal for a directive Article 12 – paragraph 2 2. Member States shall
Amendment 169 #
Proposal for a directive Article 12 a (new) Article 12 a Definition of a lawyer 1. Member States shall take concrete measures to ensure that the lawyer has appropriate accreditation to effectively represent the suspect or accused person in accordance with this Directive. 2. In order to ensure that only accredited lawyers provide legal assistance, Member States shall endeavour to establish a register or registers of accredited lawyers who are appropriately qualified. Once established, such register or registers shall, where appropriate, be made available to relevant authorities.
source: PE-486.050
|
| 40 |
2011/2025(INI) Comprehensive approach on personal data protection in the European Union
2011/03/05
JURI
40 amendments...
Amendment 4 #
Motion for a resolution Citation 7 a (new) – having regard to the Council of Europe Convention 108 on the Protection of Individuals with regard to Automatic Processing of Personal Data,
Amendment 8 #
Draft opinion Paragraph 3 a (new) 3a. Underlines that the right to access includes not only full access to the data processes about oneself including the source and recipients, but also intelligible information about the logic involved in any automatic processing; emphasises that the latter will even become more important with profiling and data-mining;
Amendment 9 #
Draft opinion Paragraph 3 b (new) 3b. Calls on the Commission to guarantee synergies on data protection rights ad consumers’ rights;
Amendment 11 #
Motion for a resolution Recital A a (new) Aa. whereas violations of data protection provisions can lead to serious risks for the fundamental rights of individuals and for the values of the Member States,
Amendment 12 #
Motion for a resolution Recital A b (new) Ab. whereas data protection legislation in the EU, the Member States, and beyond has developed a legal tradition that has to be maintained and further elaborated,
Amendment 14 #
Draft opinion Paragraph 4 Amendment 19 #
Motion for a resolution Recital B a (new) Ba. whereas the EU and the Member States are obliged to take effective measures against all violations of personal rights and are obliged to protect individual privacy and informational self- determination,
Amendment 24 #
Motion for a resolution Recital C C. whereas it is of utmost importance that a series of key elements be taken into account when legislative solutions are considered, namely effective protection, given under all circumstances and independent of political preferences within a certain timeframe; whereas the framework must be stable over a long period, and limitations on the exercise of the right, where and if needed, must be exceptional, strictly necessary and proportionate, duly justified and never affect the essential elements of the right itself9 ,
Amendment 28 #
Draft opinion Paragraph 6 a (new) 6a. Supports efforts further to advance enforceable and binding self-regulatory initiatives based on the legal framework within the revision on the data protection framework, as suggested in the Commission communication, and is in favour of further supporting EU certification schemes; points out that public procurement should play an important role in taking the lead here;
Amendment 33 #
Motion for a resolution Recital E a (new) Ea. whereas the fundamental right to data protection includes the protection of persons from possible surveillance and abuse of their data by the state itself, as well as by private entities,
Amendment 38 #
Motion for a resolution Recital E b (new) Eb. whereas effective control by the data subject requires transparent behaviour of data controllers,
Amendment 42 #
Motion for a resolution Recital F F. whereas a strong European and international data protection regime is the necessary foundation for the flow of personal data across borders, and whereas current differences in data protection legislation and enforcement are affecting European citizens as well as the global economy and the single European market,
Amendment 44 #
Motion for a resolution Recital F b (new) Fb. whereas privacy and security are possible and are both of key importance for citizens, meaning that there is no need to chose between being free or being safe,
Amendment 46 #
Motion for a resolution Recital F a (new) Fa. whereas continuous violations of data protection lead to a lack of trust by citizens that will weaken the expedient use of the new technologies,
Amendment 50 #
Motion for a resolution Paragraph 1 a (new) 1a. Welcomes the opportunity to substantiate and adapt the European data protection law to the legal conditions that emerge after the entry into force of the Lisbon Treaty and the Charter of Fundamental Rights,
Amendment 54 #
Motion for a resolution Paragraph 2 a (new) 2a. Underlines the importance of Article 9 of Directive 95/46/EC which obliges Member States to provide for exemptions from data protection rules when personal data are used solely for journalistic purposes or the purpose of artistic or literary expression and in this context underlines the importance of the right to freedom of expression;
Amendment 58 #
Motion for a resolution Paragraph 3 3. Considers it imperative to extend the application of general data protection rules to the areas of police and judicial cooperation, including in the context of data processing at domestic level, taking especially into account the trend to re-use on a systematic basis personal data of the private sector for law enforcement purposes, while also allowing,
Amendment 66 #
Motion for a resolution Paragraph 3 a (new) 3a. Emphasises equally the need to have the processing of personal data by institutions and bodies of the European Union, which is governed by Regulation (EC) No 45/2001, included within the scope of the new framework;
Amendment 67 #
Motion for a resolution Paragraph 3 b (new) 3b. Recognises that enhanced additional measures might be needed for specific sectors, as has already been the case for the e-Privacy Directive - but insists that sector-specific rules should in no circumstances lower the level of protection ensured by framework legislation, strictly defining exceptional, necessary, legitimate and narrowly- tailored derogations to general data protection principles,
Amendment 68 #
Motion for a resolution Paragraph 4 – introductory part 4. Calls on the Commission
Amendment 73 #
Motion for a resolution Paragraph 4 – indent 2 – further clarification of the rules on applicable law with a view to delivering the same degree of protection for individuals irrespective of the geographical location of the data controller, including when it comes to enforcement of data protection by authorities or in court;
Amendment 80 #
Motion for a resolution Paragraph 5 5. Takes the view that the revised data protection regime should keep bureaucratic and financial burdens to a minimum, while fully enforcing the rights to privacy and data protection;
Amendment 84 #
Motion for a resolution Paragraph 6 6. Calls on the Commission to
Amendment 98 #
Motion for a resolution Paragraph 7 a (new) 7a. Underlines that the right to access includes not only full access to the data processed about oneself including its source and recipients, but also intelligible information about the logic involved in any automatic processing; emphasises that the latter will become even more important with profiling and data-mining;
Amendment 99 #
Motion for a resolution Paragraph 7 b (new) 7b. Underlines that the data subject must be put in the position to know at any time which data have been stored by whom, when, for which purpose, for which time period, and how it is being processed; he or she has to be able to obtain its deletion, correction and blocking in an unbureaucratic way and without costs; he or she has to be informed about any misuse and any data breach;
Amendment 100 #
Motion for a resolution Paragraph 8 8.
Amendment 107 #
Motion for a resolution Paragraph 8 a (new) 8a. Stresses the need for data protection legislation to acknowledge the special need to protect children and minors and underlines that media literacy has to become an element of formal education in order to instruct children and minors on how to act responsibly in the online environment;
Amendment 111 #
Motion for a resolution Paragraph 9 9. Supports further clarification
Amendment 114 #
Motion for a resolution Paragraph 9 a (new) 9a. Highlights the need to enhance guarantees for the protection of children’s personal data, also in light of the increased access of children to Internet and digital contents;
Amendment 117 #
Motion for a resolution Paragraph 10 10. Considers
Amendment 119 #
Motion for a resolution Paragraph 10 a (new) 10a. Recalls that in this context special attention must be paid to data controllers who are subject to professional secrecy obligations and that for those the building of special structures for data protection supervision should be considered;
Amendment 120 #
Motion for a resolution Paragraph 10 b (new) 10b. Welcomes and supports the considerations of the Commission to introduce a principle of accountability as it is of key importance to ensure that data controllers act upon their responsibility; at the same time calls on the Commission to carefully examine how such a principle could be effectively implemented and assess the consequences thereof;
Amendment 125 #
Motion for a resolution Paragraph 11 a (new) 11a. Considers essential the possibility of making Privacy Impact Assessments mandatory in order to identify privacy risks, foresee problems, and bring forward proactive solutions;
Amendment 129 #
Motion for a resolution Paragraph 13 13. Sees in the concepts of ‘privacy by design’ and ‘privacy by default’ a strengthening of data protection, and supports
Amendment 132 #
Motion for a resolution Paragraph 14 14. Supports efforts further to advance enforceable and binding self-
Amendment 137 #
Motion for a resolution Paragraph 15 15. Is in favour of further clarifying, strengthening and harmonising the status and powers of national data protection authorities, including by equipping them with appropriate resources, and of exploring ways to ensure more consistent application of EU data protection rules across the internal market;
Amendment 139 #
Motion for a resolution Paragraph 15 a (new) 15a. Underlines that in this context the role and powers of the Article 29 Working Party should be strengthened in order to improve coordination and cooperation between the Data Protection Authorities of the Member States, especially regarding the need for safeguarding a uniform application of data protection rules;
Amendment 148 #
Motion for a resolution Paragraph 16 16. Calls on the Commission to streamline and strengthen current procedures for international data transfers, and to define ambitious core EU data protection aspects to be used for all types of international agreement;
Amendment 151 #
Motion for a resolution Paragraph 17 17. Takes the view that the
Amendment 154 #
Motion for a resolution Paragraph 18 18. Supports the Commission’s efforts to enhance cooperation with third countries and international organisations, including the United Nations, the Council of Europe and the OECD, as well as with standardisation organisations such as the
source: PE-464.682
|
| 70 |
2012/0010(COD) Personal data protection: processing of data for the purposes of prevention, investigation, detection or prosecution of criminal offences or execution of criminal penalties, and free movement of data
2013/03/06
LIBE
43 amendments...
Amendment 175 #
Proposal for a directive Recital 7 (7) Ensuring a consistent and high level of protection of the personal data of individuals and facilitating the exchange of personal data between competent authorities of Members States is crucial in order to ensure effective judicial co- operation in criminal matters and police cooperation. To that aim,
Amendment 178 #
Proposal for a directive Recital 12 (12) In order to ensure
Amendment 181 #
Proposal for a directive Recital 15 (15) The protection of individuals should be technological neutral and not depend on the techniques used; otherwise this would create a serious risk of circumvention. The protection of individuals should apply to processing of personal data by automated means, as well as to manual processing if the data are contained or are intended to be contained in a filing system. Files or sets of files as well as their cover pages, which are not structured according to specific criteria, should not fall within the scope of this Directive. This Directive should not apply to the processing of personal data in the course of an activity which falls outside the scope of Union law,
Amendment 185 #
Proposal for a directive Recital 16 (16) The principles of protection should apply to any information concerning an identified or identifiable natural person. To determine whether a natural person is identifiable, account should be taken of all the means likely reasonably to be used either by the controller or by any other person to identify or single out the individual. Th
Amendment 186 #
Proposal for a directive Recital 18 (18) Any processing of personal data must be fair and lawful in relation to the individuals concerned. In particular, the specific purposes for which the data are processed should be explicit and comprehensible to the data subject.
Amendment 189 #
Proposal for a directive Recital 20 (20) Personal data should not be processed for purposes incompatible with the purpose for which it was collected. Personal data should be adequate, relevant and
Amendment 193 #
Proposal for a directive Recital 23 (23) It is inherent to the processing of personal data in the areas of judicial co- operation in criminal matters and police co-operation that personal data relating to different categories of data subjects are processed. Therefore a clear distinction should
Amendment 196 #
Proposal for a directive Recital 24 (24)
Amendment 206 #
Proposal for a directive Recital 27 (27) Every natural person should have the right not to be subject to a measure which is based solely on automated processing if it produces an adverse
Amendment 208 #
Proposal for a directive Recital 28 (28) In order to exercise their rights, any information to the data subject should be easily accessible and easy to understand, including the use of clear and plain language, especially when the data subject is a child.
Amendment 215 #
Proposal for a directive Recital 30 (30) The principle of fair and transparent processing requires that the data subjects should be informed in particular of the existence of the processing operation, its legal basis and its purposes, how long the data will be stored, on the existence of the right of access, rectification or erasure and on the right to lodge a complaint. Furthermore the data subject shall be informed if profiling takes place and its intended consequences. Where the data are collected from the data subject, the data subject should also be informed whether they are obliged to provide the data and of the consequences, in cases they do not provide such data.
Amendment 218 #
Proposal for a directive Recital 33 (33) Member States should be allowed to adopt legislative measures delaying
Amendment 223 #
Proposal for a directive Recital 40 a (new) (40a) Processing of personal data in this sensitive field should only be done after a data protection impact assessment. Member states should therefore carry out before devising new systems for the processing of personal data, an assessment of the impact of the envisaged processing operations on the protection of personal data.
Amendment 258 #
Proposal for a directive Article 1 – paragraph 2 – introductory part 2.
Amendment 266 #
Proposal for a directive Article 1 – paragraph 2 a (new) 2a. The processing or exchange of personal data by competent authorities within the Union needs a legal basis in Union or member state law. This directive does not provide such a legal basis in itself.
Amendment 268 #
Proposal for a directive Article 2 – paragraph 3 – point a (a) in the course of an activity which falls outside the scope of Union law
Amendment 276 #
Proposal for a directive Article 3 – paragraph 1 – point 1 (1)
Amendment 282 #
Proposal for a directive Article 3 – paragraph 1 – point 9 (9)
Amendment 294 #
Proposal for a directive Article 4 – paragraph 1 – point a (a) processed fairly and lawfully and in a transparent manner in relation to the data subject;
Amendment 298 #
Proposal for a directive Article 4 – paragraph 1 – point c (c) adequate, relevant, and
Amendment 302 #
Proposal for a directive Article 4 – paragraph 1 – point d (d) accurate and
Amendment 307 #
Proposal for a directive Article 4 – paragraph 1 – point f – introductory part (f) processed under the responsibility and liability of the controller, who shall ensure and be able to demonstrate, for each processing operation, compliance with the provisions adopted pursuant to this Directive.
Amendment 308 #
Proposal for a directive Article 4 – paragraph 1 – point f a (new) (fa) processed in a way that effectively allows the data subject to exercise his or her rights as described in Articles 10 to 17.
Amendment 331 #
Proposal for a directive Article 5 – paragraph 1 a (new) 1a. Member States shall provide specific rules on the consequences of this categorisation, taking into account the different purposes for which data are collected and providing specific safeguards for persons who are not suspect or have not been convicted of a criminal offence. These specific rules shall include conditions for collecting data, time limits for retention, possible limitations to data subject's rights of access and information and the modalities of access to data by competent authorities
Amendment 340 #
Proposal for a directive Article 6 – paragraph 2 2. Member States shall ensure that
Amendment 342 #
Proposal for a directive Article 6 a (new) Article 6a If it emerges that incorrect data have been transmitted or data have been unlawfully transmitted, the recipient shall be notified without delay. The recipient shall be obliged to rectify the data without delay in accordance with paragraph 1 and Article 15 or to erase them in accordance with Article 16.
Amendment 363 #
Proposal for a directive Article 9 – paragraph 1 1. Member States shall provide that measures which produce an adverse
Amendment 369 #
Proposal for a directive Article 9 – paragraph 2 2. Automated processing of personal data intended to
Amendment 371 #
Proposal for a directive Article 9 – paragraph 2 a (new) 2a. Profiling that (whether intentionally or otherwise) has the effect of discriminating against individuals on the basis of race or ethnic origin, political opinions, religion or beliefs, trade union membership, gender or sexual orientation, or that (whether intentionally or otherwise) results in measures which have such effect, shall be prohibited in all cases.
Amendment 375 #
Proposal for a directive Article 10 – paragraph 2 2. Member States shall provide that any information and any communication relating to the processing of personal data are
Amendment 381 #
Proposal for a directive Article 10 – paragraph 5 5. Member States shall provide that the information and any action taken by the controller following a request referred to in paragraphs 3 and 4 are free of charge. Where requests are
Amendment 385 #
Proposal for a directive Article 11 – paragraph 1 – point b (b) the legal basis and the purposes of the processing for which the personal data are intended;
Amendment 388 #
Proposal for a directive Article 11 – paragraph 1 – point f a (new) (fa) where the controller processes personal data as described in Article 9(1), information about the existence of processing for a measure of the kind referred to in Article 9(1) and the intended effects of such processing on the data subject;
Amendment 390 #
Proposal for a directive Article 11 – paragraph 1 – point f b (new) (fb) information regarding specific security measures taken to protect personal data;
Amendment 392 #
Proposal for a directive Article 11 – paragraph 2 a (new) 2a. Where the personal data are not collected from the data subject, the controller shall inform the data subject, in addition to the information referred to in paragraph 1, from which source the data originate.
Amendment 396 #
Proposal for a directive Article 11 – paragraph 4 – introductory part 4. Member States may adopt legislative measures delaying
Amendment 402 #
Proposal for a directive Article 11 – paragraph 5 5. Member States
Amendment 406 #
Proposal for a directive Article 12 – paragraph 1 – point c (c) the recipients
Amendment 408 #
Proposal for a directive Article 12 – paragraph 1 – point g (g) communication of the personal data undergoing processing and of any available information as to their source, and if applicable, intelligible information about the logic involved in any automated processing.
Amendment 413 #
Proposal for a directive Article 12 – paragraph 2 2. Member States shall provide for the right of the data subject to obtain from the controller a copy of the personal data undergoing processing. Where the data subject makes the request in electronic form, the information shall be provided in an electronic and interoperable format allowing unhindered further use by the data subject, unless otherwise requested by the data subject.
Amendment 420 #
Proposal for a directive Article 13 – paragraph 1 – introductory part 1. Member States may adopt legislative measures restricting, wholly or partly, the data subject's right of access to the extent and for the period that such partial or complete restriction constitutes a necessary and strictly proportionate measure in a democratic society with due regard for the legitimate interests
Amendment 422 #
Proposal for a directive Article 13 – paragraph 1 – point c Amendment 424 #
Proposal for a directive Article 13 – paragraph 1 – point d source: PE-506.127
2013/03/08
LIBE
27 amendments...
Amendment 430 #
Proposal for a directive Article 13 – paragraph 2 Amendment 446 #
Proposal for a directive Article 15 – paragraph 2 Amendment 459 #
Proposal for a directive Article 16 – paragraph 3 – introductory part 3. Instead of erasure, the controller shall
Amendment 460 #
Proposal for a directive Article 16 – paragraph 3 – point a a (new) (aa) personal data referred to in this paragraph may, with the exception of storage, only be processed when necessary for purposes of proof, or for the protection of vital interests of the data subject or another person;
Amendment 462 #
Proposal for a directive Article 16 – paragraph 3 – point b a (new) (ba) where processing of personal data is restricted pursuant to this paragraph, the controller shall inform the data subject before lifting the restriction;
Amendment 478 #
Proposal for a directive Article 16 a (new) Article 16a Rights in relation to recipients The controller shall communicate any rectification or erasure carried out in accordance with Articles 15 and 16 to each recipient to whom the data have been transferred, unless this proves impossible or involves a disproportionate effort. The controller shall inform the data subject about those third parties.
Amendment 485 #
Proposal for a directive Article 19 – paragraph 1 1. Member States shall provide that, having regard to the state of the art and the cost of implementation, the controller shall, both at the time of the determination of the purposes and means for processing and at the time of the processing itself, implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of provisions adopted pursuant to this Directive and ensure the protection of the rights of the data subject. Where the controller has carried out a data protection impact assessment pursuant to Article 25a, the results shall be taken into account when developing those measures and procedures.
Amendment 488 #
Proposal for a directive Article 19 – paragraph 2 2. The controller shall implement mechanisms for ensuring that, by default, only those personal data which are necessary for the purposes of the processing are processed and are especially not collected or retained beyond the minimum necessary for those purposes, both in terms of the amount of the data and the time of their storage. In particular, those mechanisms shall ensure that by default personal data are not made accessible to an indefinite number of individuals.
Amendment 512 #
Proposal for a directive Article 23 – paragraph 1 1. Member States shall provide that each controller and processor maintains detailed documentation of all processing systems and procedures under their responsibility.
Amendment 534 #
Proposal for a directive Article 25 a (new) Article 25a Data protection impact assessment 1. Member States shall provide that, before devising new systems for the processing of personal data, the controller or the processor acting on the controller's behalf, or the entity deciding about the new system, shall carry out an assessment of the impact of the envisaged processing operations on the protection of personal data. 2. The assessment shall contain at least a systematic description of (a) the envisaged processing operations and their necessity and proportionality in relation to the purpose, (b) an assessment of the risks to the rights and freedoms of data subjects, (c) the measures envisaged to address the risks and minimise the volume of personal data which is processed, (d) safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this Regulation, taking into account the rights and legitimate interests of data subjects and other persons concerned. 3. The controller shall seek the views of data subjects or their representatives on the intended processing. 4. The assessment shall be made easily accessible to the public. 5. The Commission shall be empowered to adopt, after requesting an opinion of the European Data Protection Board, delegated acts in accordance with Article 56 for the purpose of further specifying the requirements for the assessment, referred to in paragraph 2, including conditions and procedures for scalability, verification and audit ability.
Amendment 538 #
Proposal for a directive Article 26 – paragraph 1 – introductory part 1. Member States shall ensure that the controller or the processor consults the supervisory authority prior to the processing of personal data which will form part of a new type of filing system to be created
Amendment 539 #
Proposal for a directive Article 26 – paragraph 1 – point a Amendment 540 #
Proposal for a directive Article 26 – paragraph 1 – point b Amendment 544 #
Proposal for a directive Article 26 – paragraph 2 2. Member States
Amendment 565 #
Proposal for a directive Article 29 – paragraph 4 4. The communication to the data subject may be delayed
Amendment 581 #
Proposal for a directive Article 33 – paragraph 1 a (new) Member States shall provide that further onward transfers referred to in paragraph 1 of this Article may only take place if, in addition to the conditions laid out in that paragraph: (a) the onward transfer is necessary for the same specific purpose as the original transfer; and (b) the competent authority that carried out the original transfer authorises the onward transfer.
Amendment 590 #
Proposal for a directive Article 33 a (new) Article 33a Transfers to recipients not subject to the provisions implementing this directive Member States shall provide that transfers of personal data by competent authorities to recipients that are not subject to the provisions implementing this Directive may only take place if such transfers are: (a) provided for in national law; such laws must be in compliance with the Charter of Fundamental Rights of the European Union and the Convention for the Protection of Human Rights and Fundamental Freedoms, and be in line with the case law of the Court of Justice of the European Union and the European Court of Human Rights; or (b) necessary for the protection of the vital interests of the data subject or another person; or (c) carried out upon request of the data subject.
Amendment 607 #
Proposal for a directive Article 35 – paragraph 1 – point b (b) the
Amendment 608 #
Proposal for a directive Article 35 – paragraph 1 – point b a (new) (ba) Member State law allows for specific transfers of personal data which are strictly necessary and proportionate, subject to the relevant provisions of Union law or public international law, and in particular the ECHR as interpreted by the European Court of Human Rights.
Amendment 615 #
Proposal for a directive Article 36 – title Derogation Derogations in the case of specific transfers
Amendment 617 #
Proposal for a directive Article 36 – paragraph 1 – introductory part Amendment 620 #
Proposal for a directive Article 36 – paragraph 1 a (new) Member States shall ensure that personal data is only transferred under the provisions of this Article if (a) the controller has obtained prior authorisation from the supervisory authority; and (b) the transfer is only comprising data strictly necessary to achieve the purpose for which it is transferred; and (c) all transfers are fully documented, including date and time of the transfer, the recipient authority, the justification for the transfer and the data transferred. This documentation shall be made available to the supervisory authority on request.
Amendment 622 #
Proposal for a directive Article 36 – paragraph 1 – point a (a) the transfer is necessary
Amendment 623 #
Proposal for a directive Article 36 – paragraph 1 – point c (c) the transfer of the data is limited to a specific case and essential for the prevention of an immediate and serious threat to public security of a Member State or a third country; or
Amendment 643 #
Proposal for a directive Article 45 – paragraph 6 6. Where requests are
Amendment 646 #
Proposal for a directive Article 46 – paragraph 1 – point a (a) investigative powers, such as powers of access to
Amendment 653 #
Proposal for a directive Article 47 – paragraph 1 Member States shall provide that each supervisory authority draws up a
source: PE-506.128
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| 21 |
2012/0011(COD) Personal data protection: processing and free movement of data (General Data Protection Regulation)
2013/03/04
LIBE
8 amendments...
Amendment 387 #
Proposal for a regulation Recital 23 (23) The principles of protection should apply to any information concerning an identified or identifiable person. To determine whether a person is identifiable, account should be taken of all the means likely reasonably to be used either by the controller or by any other person to identify or single out the individual. Th
Amendment 401 #
Proposal for a regulation Recital 24 (24) When using online or offline services, individuals may be associated with on
Amendment 903 #
Proposal for a regulation Article 6 – paragraph 1 a (new) 1a. If none of the legal grounds for the processing of personal data referred to in paragraph 1 apply, processing of personal data shall be lawful if and to the extent that it is necessary for the purposes of the legitimate interests pursued by the controller, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data. The data controller shall in that case inform the data subject about the data processing explicitly and separately in accordance with Article 14(1). The controller shall also publish the reasons for believing that its interests override the interests or fundamental rights and freedoms of the data subject. This paragraph shall not apply to processing carried out by public authorities in the performance of their tasks.
Amendment 908 #
Proposal for a regulation Article 6 – paragraph 1 b (new) 1b. The legitimate interests of the controller as referred to in paragraph 1a override the interests or fundamental rights and freedoms of the data subject, as a rule and for example, if: (a) processing of personal data takes place as part of the exercise of the right to freedom of expression, the media and the arts, within the limits of Union or national law; (b) processing of personal data is necessary for the enforcement of the legal claims of the data controller or of third parties on behalf of whom the data controller is acting in relation to a specific identified data subject, or for preventing or limiting damage by the data subject to the controller; (c) the data subject has provided personal data to the data controller on the legal ground referred to in point (b) of paragraph 1, and the personal data are used for direct marketing for its own and similar products and services and are not transferred, and the data controller is clearly identified to the data subject; (d) processing of personal data takes place in the context of professional business-to-business relationships and the data were collected from the data subject for that purpose; (e) processing of personal data is necessary for registered non-profit associations, foundations and charities, recognised as acting in the public interest under Union or national law, for the sole purpose of collecting donations.
Amendment 913 #
Proposal for a regulation Article 6 – paragraph 1 c (new) 1c. The interests or fundamental rights and freedoms of the data subject as referred to in paragraph 1a override the legitimate interest of the controller, as a rule and for example, if: (a) the processing causes a serious risk of damage to the data subject; (b) special categories of data as referred to Article 9(1), location data, or biometric data are processed; (c) the data subject can reasonably expect, on the basis of the context of the processing, that his or her personal data will only be processed for a specific purpose or treated confidentially, unless the data subject concerned has been informed specifically and separately about the use of his or her personal data for purposes other than the performance of the service; (d) personal data are processed in the context of profiling; (e) personal data is made accessible for a large number of persons or large amounts of personal data about the data subject are processed or combined with other data; (f) the processing of personal data may adversely affect the data subject, in particular because it can lead to defamation or discrimination; or (g) the data subject is a child.
Amendment 974 #
Proposal for a regulation Article 7 – paragraph 2 a (new) 2a. If data is collected for processing after consent has been given solely by automated means in accordance with paragraph 2a and the pseudonyms are later unlawfully associated with other personal identifiers that do permit the direct identification of a data subject pursuant to Article 4(1), then this constitutes a personal data breach likely to adversely affect the protection of the privacy of the data subject. The breach notifications must be communicated in accordance with the procedures in Articles 31 and 32.
Amendment 992 #
Proposal for a regulation Article 7 – paragraph 4 4.
Amendment 1105 #
Proposal for a regulation Article 10 a (new) Article 10a Education Union citizens and residents shall be educated by appropriate means about data protection, as an integral part of general media competence education. Competent Member States and Union institutions and bodies shall be tasked with supporting this.
source: PE-504.340
2013/03/06
LIBE
12 amendments...
Amendment 1268 #
Proposal for a regulation Article 14 – paragraph 5 – point d c (new) (dc) the data are processed in the exercise of his profession by, or are entrusted or become known to, a person who is subject to an obligation of professional secrecy regulated by the State or to a statutory obligation of secrecy.
Amendment 1329 #
Proposal for a regulation Article 15 – paragraph 2 2. The data subject shall have the right to obtain from the controller communication of the personal data undergoing processing. Where the data subject makes the request in electronic form, the information shall be provided in an electronic
Amendment 1343 #
Proposal for a regulation Article 15 – paragraph 2 a (new) 2a. The right of access referred to in paragraphs 1 and 2 shall not apply where data pursuant to Article 14(5)(d) are affected.
Amendment 1692 #
Proposal for a regulation Article 22 – paragraph 3 3. The controller shall
Amendment 1713 #
Proposal for a regulation Article 23 – paragraph 1 1. Having regard to the state of the art
Amendment 1725 #
Proposal for a regulation Article 23 – paragraph 2 2.
Amendment 1802 #
Proposal for a regulation Article 26 – paragraph 2 – point h (h) make available to the controller and the supervisory authority all information necessary to control compliance with the obligations laid down in this Article and allow on-site inspections.
Amendment 2098 #
Proposal for a regulation Article 34 – paragraph 1 1. The controller or the processor as the case may be shall obtain an authorisation from the supervisory authority prior to the processing of personal data according to Chapter V or if ordered by any other provision in this Regulation, in order to ensure the compliance of the intended processing with this Regulation and in particular to mitigate the risks involved for the data subjects where a controller or processor adopts contractual clauses as provided for in point (d) of Article 42(2) or does not provide for the appropriate safeguards in a legally binding instrument as referred to in Article 42(5) for the transfer of personal data to a third country or an international organisation.
Amendment 2558 #
Proposal for a regulation Article 48 – paragraph 1 1. Member States shall provide that the members of the supervisory authority must be appointed either by the parliament or the government after consultation of the parliament, or by the highest judicial authority of the Member State concerned.
Amendment 2611 #
Proposal for a regulation Article 52 – paragraph 2 2. Each supervisory authority shall promote the awareness of the public on risks, rules, safeguards and rights in relation to the processing of personal data and about appropriate means of protecting oneself. Activities addressed specifically to children shall receive specific attention.
Amendment 2630 #
Proposal for a regulation Article 53 – paragraph 2 – subparagraph 1 – point b (b) access to any of its premises, including to any data processing equipment and means
Amendment 2827 #
Proposal for a regulation Article 77 – paragraph 2 2. Where more than one controller or processor is involved in the processing, each controller or processor shall be jointly and severally liable for the entire amount of the damage, unless they have an appropriate written agreement.
source: PE-506.168
2013/03/08
LIBE
1 amendments...
Amendment 2969 #
Proposal for a regulation Article 80 a (new) Article 80a Access to documents 1. Member States may provide in their national legislation for rules necessary to reconcile the right of access to documents with the principles in Chapter 2. 2. Each Member State shall notify to the Commission provisions of its law which it adopts pursuant to paragraph 1 by the date specified in Article 91(2) at the latest and, without delay, any subsequent amendment affecting them.
source: PE-506.173
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| 32 |
2012/0036(COD) Freezing and confiscation of proceeds of crime in the EU
2012/12/13
LIBE
16 amendments...
Amendment 44 #
Proposal for a directive Recital 12 (12) The issuance of confiscation orders generally requires a criminal conviction. In some cases, even where a criminal conviction cannot be achieved, it should still be possible to confiscate assets in order to disrupt criminal activities and ensure that profits resulting from criminal activities are not reinvested into the licit economy or criminal activities. Some Member States allow confiscation where there is insufficient evidence for a criminal prosecution, if a court
Amendment 46 #
Proposal for a directive Recital 12 a (new) (12a) In individual cases it should be possible to dispense, wholly or in part, with a confiscation order. Thus this would be possible in cases where the measure would disproportionately burden the person affected or lead to the loss of his livelihood, or if the cost of the confiscation disproportionately exceeds the amount being confiscated.
Amendment 47 #
Proposal for a directive Recital 12 b (new) (12b) Confiscation should not hinder or prevent justified claims by victims of criminal offences committed by the person affected. It should be possible to dispense with confiscation where the victim has a claim against the perpetrator as a result of a criminal offence and confiscation would prevent this claim from being fulfilled.
Amendment 73 #
Proposal for a directive Article 2 – paragraph 1 – point 4 (4) ‘confiscation’ means a
Amendment 82 #
Proposal for a directive Article 3 – paragraph 1 1. Each Member State shall take the necessary measures to enable
Amendment 86 #
Proposal for a directive Article 3 – paragraph 2 2. Each Member State shall take the necessary measures to enable
Amendment 96 #
Proposal for a directive Article 4 – paragraph 1 1. Each Member State shall adopt the necessary measures to enable it to confiscate, either wholly or in part, property belonging to a person convicted of a criminal offence where, based on specific facts
Amendment 100 #
Proposal for a directive Article 5 – paragraph 1 – introductory part Each Member State shall take the necessary measures to enable it to confiscate proceeds and instrumentalities without a criminal conviction
Amendment 106 #
Proposal for a directive Article 5 – paragraph 1 – point a (a) the
Amendment 118 #
Proposal for a directive Article 6 – paragraph 2 – introductory part 2. The confiscation of proceeds or property referred to in paragraph 1 shall be possible where
Amendment 131 #
Proposal for a directive Article 7 – paragraph 1 1. Each Member State shall take the necessary measures to enable it to freeze property
Amendment 134 #
Proposal for a directive Article 7 – paragraph 2 Amendment 150 #
Proposal for a directive Article 8 – paragraph 6 – subparagraph 1 (new) The confiscation of a set of assets shall have the effect of preventing further confiscation in respect of the same assets. The Member States shall take the necessary measures to ensure that multiple confiscations in respect of the same assets are avoided.
Amendment 151 #
Proposal for a directive Article 8 – paragraph 6 – subparagraph 2 (new) All Member States shall take the necessary measures to ensure that, where as a result of a criminal offence injured parties have claims against the accused, confiscation does not jeopardise the enforcement of such claims.
Amendment 158 #
Proposal for a directive Article 9 – paragraph 1 a (new) In individual cases it may be possible, in accordance with the proportionality principle, to dispense, wholly or in part, with a confiscation order if confiscation would create undue hardship for the person affected or his family members. Such a case shall be deemed to exist if the measure would disproportionately burden the person affected or lead to destruction of his livelihood, or if the cost of the confiscation disproportionately exceeds the amount being confiscated.
Amendment 172 #
Proposal for a directive Article 11 – paragraph 1 – introductory part Member States shall regularly collect and maintain comprehensive statistics from the relevant authorities in order to review the effectiveness of their confiscation systems. The statistics collected shall be sent to the Commission each year and shall include for all criminal offences falling within the scope of this directive:
source: PE-498.052
2013/08/01
LIBE
16 amendments...
Amendment 45 #
Proposal for a directive Recital 12 (12) The issuance of confiscation orders generally requires a criminal conviction. In some cases, even where a criminal conviction cannot be achieved, it should still be possible to confiscate assets in order to disrupt criminal activities and ensure that profits resulting from criminal activities are not reinvested into the licit economy or criminal activities. Some Member States allow confiscation where there is insufficient evidence for a criminal prosecution, if a court
Amendment 47 #
Proposal for a directive Recital 12 a (new) (12a) In individual cases it should be possible to dispense, wholly or in part, with a confiscation order. Thus this would be possible in cases where the measure would disproportionately burden the person affected or lead to the loss of his livelihood, or if the cost of the confiscation disproportionately exceeds the amount being confiscated.
Amendment 48 #
Proposal for a directive Recital 12 b (new) (12b) Confiscation should not hinder or prevent justified claims by victims of criminal offences committed by the person affected. It should be possible to dispense with confiscation where the victim has a claim against the perpetrator as a result of a criminal offence and confiscation would prevent this claim from being fulfilled.
Amendment 76 #
Proposal for a directive Article 2 – paragraph 1 – point 4 (4) ‘confiscation’ means a
Amendment 85 #
Proposal for a directive Article 3 – paragraph 1 1. Each Member State shall take the necessary measures to enable
Amendment 89 #
Proposal for a directive Article 3 – paragraph 2 2. Each Member State shall take the necessary measures to enable
Amendment 99 #
Proposal for a directive Article 4 – paragraph 1 1. Each Member State shall adopt the necessary measures to enable it to confiscate, either wholly or in part, property belonging to a person convicted of a criminal offence where, based on specific facts
Amendment 103 #
Proposal for a directive Article 5 – paragraph 1 – introductory part Each Member State shall take the necessary measures to enable it to confiscate proceeds and instrumentalities without a criminal conviction
Amendment 109 #
Proposal for a directive Article 5 – paragraph 1 – point a (a) the
Amendment 121 #
Proposal for a directive Article 6 – paragraph 2 – introductory part 2. The confiscation of proceeds or property referred to in paragraph 1 shall be possible where
Amendment 134 #
Proposal for a directive Article 7 – paragraph 1 1. Each Member State shall take the necessary measures to enable it to freeze property
Amendment 137 #
Proposal for a directive Article 7 – paragraph 2 Amendment 153 #
Proposal for a directive Article 8 – paragraph 6 – subparagraph 1 (new) The confiscation of a set of assets shall have the effect of preventing further confiscation in respect of the same assets. The Member States shall take the necessary measures to ensure that multiple confiscations in respect of the same assets are avoided.
Amendment 154 #
Proposal for a directive Article 8 – paragraph 6 – subparagraph 2 (new) All Member States shall take the necessary measures to ensure that, where as a result of a criminal offence injured parties have claims against the accused, confiscation does not jeopardise the enforcement of such claims.
Amendment 161 #
Proposal for a directive Article 9 – paragraph 1 a (new) In individual cases it may be possible, in accordance with the proportionality principle, to dispense, wholly or in part, with a confiscation order if confiscation would create undue hardship for the person affected or his family members. Such a case shall be deemed to exist if the measure would disproportionately burden the person affected or lead to destruction of his livelihood, or if the cost of the confiscation disproportionately exceeds the amount being confiscated.
Amendment 175 #
Proposal for a directive Article 11 – paragraph 1 – introductory part Member States shall regularly collect and maintain comprehensive statistics from the relevant authorities in order to review the effectiveness of their confiscation systems. The statistics collected shall be sent to the Commission each year and shall include for all criminal offences falling within the scope of this directive:
source: PE-498.052
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