mr president i shall start by saying that i too support a strong outward-looking eu that is capable of acting shoulder to shoulder as a true counterpart to the us and in that framework i think it is of crucial importance to be open fair and transparent if we are to address the issue of how europe should cooperate with the us for counter-terrorism purposes including law-enforcement use of data collected for commercial ends
without a doubt the targeted exchange and use of data for counter-terrorism purposes is and will remain necessary but let me be clear european citizens must be able to trust both security and data claims
getting it right first time round should be the objective and with all due respect the council has been insufficiently strong to do so
indeed the proposed interim agreement is a significant departure from european law in how enforcement agencies would obtain financial records of individuals namely through court-approved warrants or subpoenas to examine specific transactions but with the proposed interim agreement we instead rely on broad administrative subpoenas for millions of records of european citizens
by the very nature of swift it is not possible to refer to the so-called limited requests
for technical reasons swift has to transfer bulk data thereby violating the basic principles of eu data-protection law such as necessity and proportionality
this cannot be rectified by mechanisms of oversight and control
at all times it must be clear that parliament is not out there to just passively take note of the actions of the council and the commission
the fact is that this house is always being promised jam tomorrow if only we would be patient
however we cannot keep falling for fake promises of jam tomorrow
we need clear commitments now and the ball was in the council's court
i made that clear last week but so far it has failed to act accordingly
the council states that it wants to ensure the utmost respect for privacy and data but fails to address in particular the rights of access rectification compensation and redress outside the eu for data subjects
the council states that it shares parliament's concerns and therefore calls on the commission to adopt draft negotiation guidelines
why hide behind the commission
it is council that will adopt the negotiation directives in the end why have the negotiation guidelines not already been submitted
council states yet again that it wants to ensure that the tftp will continue
however it fails to address the fact that in this way the eu continues to outsource its financial intelligence service to the us
the lack of reciprocity is not being addressed
true reciprocity would allow the eu authorities to obtain similar data stored in the us and in the long term consider the necessity of building up our own eu capacity
the council does not show any commitment to line up with existing legislation such as the data retention directive for the telecom service providers which does deal with specific and targeted data
the council fails to clarify the precise role of the public authority
a push <unk> does not mean anything if in actual practice swift has to transfer bulk data
transfer and storage are in other words by definition disproportionate under the terms of the interim agreement and the council does not address a european solution for the supervision of data exchange
president-in-office tell me how on earth i can tell five hundred million european citizens that we are selling out on important safeguards and principles just because we are not able to put our foot down because council is not able to get its act together
tell me i am all ears
