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European Parliament2014-2019Committee on Civil Liberties, Justice and Home Affairs7.7.2015PE560.854v01-00AMENDMENTS1 - 125Draft motion for a resolutionClaude Moraeson behalf of the Committee on Civil Liberties, Justice and Home Affairs(PE557.264v02-00)on the Follow up to the European Parliament Resolution of 12 March 2014 onthe electronic mass surveillance of EU citizensAM\1066534EN.docPE560.854v01-00EN United in diversity EN

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Amendment 1Jan Philipp Albrecht, Judith Sargentini, Eva JolyDraft motion for a resolutionCitation 3 a (new)Draft motion for a resolutionAmendment- having regard to the European Court ofHuman Rights case law concerning theright to privacy, freedom of speech andthe protection of whistleblowers,including in the fields of national securityand intelligence;Or. enAmendment 2Monika HohlmeierDraft motion for a resolutionCitation 3 a (new)Draft motion for a resolutionAmendment- having regard to article 4 to of theTreaty on European UnionOr. enAmendment 3Helga StevensDraft motion for a resolutionRecital ADraft motion for a resolutionA. whereas in the resolution it called on theUS authorities and the EU Member Statesto prohibit blanket mass surveillanceactivities and bulk processing of personaldata of innocent people and denounced thereported actions by intelligence servicesAmendmentA. whereas in the resolution it called on theUS authorities and the EU Member Statesto prohibit blanket mass surveillanceactivities and bulk processing of personaldata of citizens and denounced the reportedactions by intelligence services thatAM\1066534EN.doc 3/60 PE560.854v01-00EN

that severely affected EU citizens' trust andfundamental rights; whereas the resolutionpointed towards the possible existence ofother motives such as political andeconomic espionage given the capacity ofthe reported mass surveillanceprogrammes;severely affected EU citizens' trust andfundamental rights; whereas the resolutionpointed towards the possible existence ofother motives such as political andeconomic espionage given the capacity ofthe reported mass surveillanceprogrammes;Or. enAmendment 4Sophia in 't VeldDraft motion for a resolutionRecital ADraft motion for a resolutionA. whereas in the resolution it called on theUS authorities and the EU Member Statesto prohibit blanket mass surveillanceactivities and bulk processing of personaldata of innocent people and denounced thereported actions by intelligence servicesthat severely affected EU citizens' trust andfundamental rights; whereas the resolutionpointed towards the possible existence ofother motives such as political andeconomic espionage given the capacity ofthe reported mass surveillanceprogrammes;AmendmentA. whereas in the resolution it called on theUS authorities and the EU Member Statesto prohibit blanket mass surveillanceactivities and bulk processing of personaldata of innocent people and denounced thereported actions by intelligence servicesthat severely affected EU citizens' trust andfundamental rights; whereas the resolutionpointed towards the possible existence ofother motives such as political andeconomic espionage given the capacity ofthe reported mass surveillanceprogrammes; whereas the surveillance oflawyers, journalists, doctors andpoliticians seriously underminedemocracy and the rule of law;Or. enAmendment 5Timothy KirkhopeDraft motion for a resolutionRecital AENPE560.854v01-00 4/60 AM\1066534EN.doc

Draft motion for a resolutionA. whereas in the resolution it called on theUS authorities and the EU Member Statesto prohibit blanket mass surveillanceactivities and bulk processing of personaldata of innocent people and denouncedthe reported actions by intelligenceservices that severely affected EU citizens'trust and fundamental rights; whereas theresolution pointed towards the possibleexistence of other motives such aspolitical and economic espionage giventhe capacity of the reported masssurveillance programmes;AmendmentA. whereas in the resolution it called on theUS authorities and the EU Member Statesto prohibit blanket mass surveillanceactivities and bulk processing of personaldata;Or. enAmendment 6Monika HohlmeierDraft motion for a resolutionRecital A a (new)Draft motion for a resolutionAmendmentAa. whereas security is a fundamentalright as recognised in article 6 of theCharter;Or. enAmendment 7Monika HohlmeierDraft motion for a resolutionRecital A b (new)Draft motion for a resolutionAmendmentAb. whereas national security is anexclusive competence of MS inaccordance with article 4 TEU;AM\1066534EN.doc 5/60 PE560.854v01-00EN

Or. enAmendment 8Timothy KirkhopeDraft motion for a resolutionRecital CDraft motion for a resolutionC. whereas the aforementioned workingdocument reports on the developmentssince the adoption of the resolution, withthe stream of revelations of allegedelectronic mass surveillance activitiescontinuing, and on the state ofimplementation of the proposed "EuropeanDigital Habeas Corpus" indicating thelimited response of the institutions,Member States and stakeholders calledupon to act;AmendmentC. whereas the aforementioned workingdocument reports on the developmentssince the adoption of the resolution and onthe state of implementation of the proposed"European Digital Habeas Corpus"indicating the limited response of theinstitutions, Member States andstakeholders called upon to act;Or. enAmendment 9Jan Philipp Albrecht, Judith Sargentini, Eva JolyDraft motion for a resolutionRecital D a (new)Draft motion for a resolutionAmendmentDa. whereas Wikileaks recently revealedthe targeted surveillance of thecommunications of the last 3 FrenchPresidents as well as French cabinetministers and the French Ambassador inthe US; whereas this strategic andeconomic espionage took place at a largescale over the last 10 years by the NSA ofall the French state structures as well asthe biggest French companies;Or. enENPE560.854v01-00 6/60 AM\1066534EN.doc

Amendment 10Claude Moraes, Birgit SippelDraft motion for a resolutionRecital D a (new)Draft motion for a resolutionAmendmentDa. whereas the report of the SpecialRapporteur on the promotion andprotection of the right to freedom ofopinion and expression states thatencryption and anonymity provide theprivacy and security necessary for theexercise of the right to freedom of opinionand expression in the digital age; whereasthe report also states that any restrictionson encryption and anonymity must bestrictly limited according to principles oflegality, necessity, proportionality andlegitimacy in objective;Or. enAmendment 11Axel VossDraft motion for a resolutionParagraph 1Draft motion for a resolution1. Welcomes the inquiries of the GermanBundestag, the Council of Europe, theUnited Nations and the Brazilian Senate,the debates in several other nationalParliaments and the work of numerouscivil society actors, that have contributed tothe raised general awareness regardingelectronic mass surveillance;Amendment1. Welcomes the inquiries of the GermanBundestag, the Council of Europe, theUnited Nations and the Brazilian Senate,the debates in several other nationalParliaments and the reforms put forwardby the US and the debates therein and thework of numerous civil society actors, thathave contributed to the raised generalawareness regarding electronic masssurveillance;Or. enAM\1066534EN.doc 7/60 PE560.854v01-00EN

Amendment 12Jan Philipp Albrecht, Judith Sargentini, Eva JolyDraft motion for a resolutionParagraph 1 a (new)Draft motion for a resolutionAmendment1a. Calls on EU Member States to dropcriminal charges, if any, against EdwardSnowden and grant him protection andconsequently prevent extradition orrendition by third parties, in recognitionof his status as whistle blower andinternational human rights defenderOr. enAmendment 13Jan Philipp Albrecht, Judith Sargentini, Eva JolyDraft motion for a resolutionParagraph 1 b (new)Draft motion for a resolutionAmendment1b. Supports the call of the ParliamentaryAssembly of the Council of Europe 1 a onthe United States of America to allowEdward Snowden to return without fearof criminal prosecution under conditionsthat would not allow him to raise thepublic interest defence;__________________1 a Resolution 2060 (2015)on Improvingthe protection of whistle-blowers,available athttp://assembly.coe.int/nw/xml/XRef/X2H-Xref-ViewPDF.asp?FileID=21931&lang=enOr. enPE560.854v01-00 8/60 AM\1066534EN.docEN

Amendment 14Axel Voss, Brice Hortefeux, Artis Pabriks, Traian Ungureanu, Heinz K. BeckerDraft motion for a resolutionParagraph 2Draft motion for a resolutionAmendment2. Is however highly disappointed by theoverall lack of sense of urgency andwillingness shown by most Member Statesand the EU Institutions to seriouslyaddress the issues raised in the resolutionand to carry out the concreterecommendations therein, as well as bythe lack of transparency towards anddialogue with the European Parliament;deletedOr. enAmendment 15Timothy KirkhopeDraft motion for a resolutionParagraph 2Draft motion for a resolutionAmendment2. Is however highly disappointed by theoverall lack of sense of urgency andwillingness shown by most Member Statesand the EU Institutions to seriouslyaddress the issues raised in the resolutionand to carry out the concreterecommendations therein, as well as bythe lack of transparency towards anddialogue with the European Parliament;deletedOr. enAmendment 16Cornelia Ernst, Marie-Christine Vergiat, Barbara SpinelliDraft motion for a resolutionParagraph 2AM\1066534EN.doc 9/60 PE560.854v01-00EN

Draft motion for a resolution2. Is however highly disappointed by theoverall lack of sense of urgency andwillingness shown by most Member Statesand the EU Institutions to seriously addressthe issues raised in the resolution and tocarry out the concrete recommendationstherein, as well as by the lack oftransparency towards and dialogue with theEuropean Parliament;Amendment2. Is however highly disappointed by theoverall lack of sense of urgency andwillingness shown by most Member States'governments and the EU Institutions toaddress the issues raised in the resolutionand to carry out the concreterecommendations therein, as well as by thelack of transparency towards and dialoguewith the European Parliament;Or. enAmendment 17Jan Philipp Albrecht, Jean Lambert, Eva JolyDraft motion for a resolutionParagraph 2 a (new)Draft motion for a resolutionAmendment2a. Welcomes the Independent Reviewerof Terrorism Legislation's call for afundamental overhaul of the lawsgoverning surveillance by UK authoritiesas regards the need for it to comply withInternational human rights standards, inparticular through prior judicialauthorisation of all interception warrantsand some communications data requests;however rejects the continued bulkexternal interception as well as bulkcollection of communications data asincompatible with the standards of theEuropean Convention on Human Rightsand European Union data protectionlegislation;Or. enAmendment 18Cornelia Ernst, Marie-Christine Vergiat, Barbara SpinelliENPE560.854v01-00 10/60 AM\1066534EN.doc

Draft motion for a resolutionParagraph 2 a (new)Draft motion for a resolutionAmendment2a. Is concerned by recent developmentsin some Member States where practices ofmass surveillance that were found to beillegal have not been remedied butlegalised;Or. enAmendment 19Axel VossDraft motion for a resolutionParagraph 2 a (new)Draft motion for a resolutionAmendment2a. Observes that most of the MemberStates and the EU Institutions deemed itno necessary to follow up therecommendations raised in the resolutionand to carry out the concreterecommendations therein;Or. enAmendment 20Jan Philipp Albrecht, Judith Sargentini, Eva JolyDraft motion for a resolutionParagraph 2 b (new)Draft motion for a resolutionAmendment2b. Welcomes the inquiry in the GermanBundestag on mass surveillance; isstrongly concerned about the revelationsof mass surveillance oftelecommunications and internet trafficinside the Union by the German foreignintelligence agency BND in cooperationAM\1066534EN.doc 11/60 PE560.854v01-00EN

with then NSA; considers this a breach ofthe principle of sincere cooperation underArticle 4(3) TEU;Or. enAmendment 21Cornelia Ernst, Marie-Christine Vergiat, Barbara SpinelliDraft motion for a resolutionParagraph 2 b (new)Draft motion for a resolutionAmendment2b. Is concerned by recent laws in someMember States that extend surveillancepowers of intelligence bodies withoutextending powers of scrutiny, therebyaggravating the situation for citizen;Or. enAmendment 22Jan Philipp Albrecht, Judith Sargentini, Eva JolyDraft motion for a resolutionParagraph 2 c (new)Draft motion for a resolutionAmendment2c. Takes note of the fact that one of thebiggest internet exchange points (AMS-IX) is located in the Netherlands and thata lot of economic activity is dependent onthe trust private parties have in theintegrity of this internet exchange andtherefore reiterates its call to theNetherlands to refrain from extending thepowers of the intelligence services in sucha way as to enable untargeted and largescalesurveillance on cable-boundcommunications of innocent citizens; alsoreiterates its call for caution in definingthe mandate and capabilities of the JointSigint Cyber Unit, as well as for cautionENPE560.854v01-00 12/60 AM\1066534EN.doc

egarding the presence and operation ofUS intelligence personnel on Dutchterritory;Or. enAmendment 23Jan Philipp Albrecht, Judith Sargentini, Eva JolyDraft motion for a resolutionParagraph 2 d (new)Draft motion for a resolutionAmendment2d. Expresses its concerns about the newFrench Intelligence Bill approved onJune 24 2015, in particular the blanketnature of the surveillance measures itenables, and the lack of adequate priorjudicial authorisation and parliamentaryscrutiny, including the limited power ofthe Commission Nationale de Controledes Techiques de Renseignement;Or. enAmendment 24Jan Philipp Albrecht, Judith Sargentini, Eva JolyDraft motion for a resolutionParagraph 2 e (new)Draft motion for a resolutionAmendment2e. Calls on the Commission to investigatethe compatibility of the FrenchIntelligence Bill with the Treaties and theCharter on Fundamental Rights, notablyarticles 7, 8, 47, 48 and 52;Or. enAM\1066534EN.doc 13/60 PE560.854v01-00EN

Amendment 25Axel Voss, Brice Hortefeux, Michał Boni, Monica Macovei, Anna Maria Corazza Bildt,Traian Ungureanu, Heinz K. Becker, Artis PabriksDraft motion for a resolutionParagraph 3Draft motion for a resolutionAmendment3. Considers the Commission's reaction tothe resolution so far highly inadequategiven the extent of the revelations; callson the Commission to act on the callsmade in the resolution by December 2015at the latest; reserves the right to bring anaction for the failure to act or to placecertain budgetary resources for theCommission in a reserve until allrecommendations have been properlyaddressed;deletedOr. enAmendment 26Timothy KirkhopeDraft motion for a resolutionParagraph 3Draft motion for a resolutionAmendment3. Considers the Commission's reaction tothe resolution so far highly inadequategiven the extent of the revelations; callson the Commission to act on the callsmade in the resolution by December 2015at the latest; reserves the right to bring anaction for the failure to act or to placecertain budgetary resources for theCommission in a reserve until allrecommendations have been properlyaddressed;deletedOr. enENPE560.854v01-00 14/60 AM\1066534EN.doc

Amendment 27Jeroen LenaersDraft motion for a resolutionParagraph 3 a (new)Draft motion for a resolutionAmendment3a. Deplores that the previous request tothe Secretary-General of the Council ofEurope to launch the Article 52 procedurehas not been followed-up. Therefore,reiterates the request to start the Article52 procedure according to which 'onreceipt of a request from the Secretary-General of the Council of Europe anyHigh Contracting Party shall furnish anexplanation of the manner in which itsinternal law ensures the effectiveimplementation of any of the provisions ofthe Convention';Or. enAmendment 28Sophia in 't VeldDraft motion for a resolutionParagraph 3 a (new)Draft motion for a resolutionAmendment3a. Stresses the significance of the rulingof the Court of Justice of the EuropeanUnion of 8 April 2014 declaring invalidDirective 2006/24/EC on Data Retention,recalls that the Court stipulated that theinterference of the instrument with thefundamental right to privacy has to belimited to what is strictly necessary;Or. enAmendment 29Nathalie Griesbeck, Sophia in 't VeldAM\1066534EN.doc 15/60 PE560.854v01-00EN

Draft motion for a resolutionParagraph 3 a (new)Draft motion for a resolutionAmendment3a. Expresses its serious concerns withregard to the intelligence bill adopted bythe French National Assembly on 24 June2015, several provisions of which,according to the Commission, raiseimportant legal questions; questions inparticular the very broad scope ofapplication of this new law, the absence ofthe ordinary courts in prior judicialauthorisation procedures and thepossibility of the automated processing ofmetadata by algorithmic black boxesinstalled on telecom operators’ networks(internet or telephone) or the hosts’servers; asks the Commission to launchwithout delay an assessment of allprovisions of the intelligence bill and todetermine its compliance with Europeanprimary and secondary law;Or. frAmendment 30Sophia in 't VeldDraft motion for a resolutionParagraph 3 b (new)Draft motion for a resolutionAmendment3b. Deplores the adoption by the UK ofthe Data Retention and InvestigatoryPowers Act 2014, which allowsintelligence and security services not onlyto continue with bulk data retentionmechanisms after the ruling of the Courtof Justice of the European Uniondeclared invalid Directive 2006/24/EC,but also extends the territorial reach of itsinterception powers; in this regardENPE560.854v01-00 16/60 AM\1066534EN.doc

welcomes the report by the UKIndependent Reviewer of TerrorismLegislation which calls for a completeoverhaul of the UK's surveillance laws,judicial oversight of the interception ofprivate communications, and greatertransparency about the existence and useof surveillance powers; calls on the UKgovernment to take the report'srecommendations into account;Or. enAmendment 31Sophia in 't VeldDraft motion for a resolutionParagraph 3 c (new)Draft motion for a resolutionAmendment3c. Underlines that the Dutch DistrictCourt of The Hague has ruled on 2 July2015 that surveillance of lawyers byintelligence agencies constitutes aninfringement of fundamental rights andorders the State to stop all surveillance oflawyers' communications;Or. enAmendment 32Sophia in 't VeldDraft motion for a resolutionParagraph 3 d (new)Draft motion for a resolutionAmendment3d. Underlines that the Dutch DistrictCourt of The Hague has ruled on 1 July2015 that surveillance of lawyers byintelligence agencies constitutes aninfringement of fundamental rights andorders the State to stop all surveillance ofAM\1066534EN.doc 17/60 PE560.854v01-00EN

lawyers' communications;Or. enAmendment 33Axel Voss, Artis Pabriks, Brice Hortefeux, Heinz K. BeckerDraft motion for a resolutionParagraph 4Draft motion for a resolutionAmendment4. Repeats its calls on the Council toaccelerate its work on the Data ProtectionPackage to allow for its adoption in 2015;in this regard calls on the Council topresent a clear roadmap towards theadoption of a general approach on thedraft Data Protection Directive;deletedOr. enAmendment 34Jan Philipp Albrecht, Judith Sargentini, Eva JolyDraft motion for a resolutionParagraph 4Draft motion for a resolution4. Repeats its calls on the Council toaccelerate its work on the Data ProtectionPackage to allow for its adoption in 2015;in this regard calls on the Council topresent a clear roadmap towards theadoption of a general approach on the draftData Protection Directive;Amendment4. Welcomes the opening of informaltrilogues on the draft General DataProtection Regulation; repeats its calls onthe Council to accelerate its work on theData Protection Package to allow for itsadoption in 2015; in this regard calls on theCouncil to immediately adopt a generalapproach on the draft Data ProtectionDirective;Or. enENPE560.854v01-00 18/60 AM\1066534EN.doc

Amendment 35Helga StevensDraft motion for a resolutionParagraph 4Draft motion for a resolution4. Repeats its calls on the Council toaccelerate its work on the Data ProtectionPackage to allow for its adoption in 2015;in this regard calls on the Council topresent a clear roadmap towards theadoption of a general approach on the draftData Protection Directive;Amendment4. Repeats its calls on the Council toaccelerate its work on the Data ProtectionDirective to allow for its adoption in 2015;in this regard calls on the Council topresent a clear roadmap towards theadoption of a general approach on the draftData Protection Directive;Or. enAmendment 36Axel VossDraft motion for a resolutionParagraph 4 a (new)Draft motion for a resolutionAmendment4a. Reminds that the Council adopted thegeneral approach on the general DataProtection Regulation and welcomes theCouncil commitment into a roadmap toreach an agreement on the DataProtection Directive;Or. enAmendment 37Aldo PatricielloDraft motion for a resolutionParagraph 5Draft motion for a resolution5. Reminds the Council of its commitmentto respect the EU Charter on FundamentalAmendment5. Reminds the Council of its commitmentto respect the EU Charter on FundamentalAM\1066534EN.doc 19/60 PE560.854v01-00EN

Rights in its amendments to theCommission proposals; reiterates inparticular that the level of protectionoffered should not be lower than thatalready established by Directive 95/46/EC;Rights in its amendments to theCommission proposals; reiterates inparticular that the level of protectionoffered should not be lower than thatalready established by Directive 95/46/EC,and that, indeed, it would desirable toactually increase the level of protection,also taking account in this directive of theactivities of cross-border public securityservices;Or. itAmendment 38Axel VossDraft motion for a resolutionParagraph 5Draft motion for a resolution5. Reminds the Council of its commitmentto respect the EU Charter on FundamentalRights in its amendments to theCommission proposals; reiterates inparticular that the level of protectionoffered should not be lower than thatalready established by Directive 95/46/EC;Amendment5. Reminds that the respect of the EUCharter on Fundamental Rights should beensured when adopting the DataProtection Package;Or. enAmendment 39Axel Voss, Brice Hortefeux, Artis Pabriks, Milan Zver, Heinz K. BeckerDraft motion for a resolutionParagraph 6Draft motion for a resolution6. Stresses that both the Data ProtectionRegulation and the Directive are necessaryto protect the fundamental rights ofindividuals, and that the two must thereforebe treated as a package to be adoptedsimultaneously, in order to ensure that allAmendment6. Stresses that both the Data ProtectionRegulation and the Directive are necessaryto protect the fundamental rights ofindividuals, and that the two must thereforebe treated as a package, in order to ensurethat all data-processing activities in the EUENPE560.854v01-00 20/60 AM\1066534EN.doc

data-processing activities in the EUprovide a high level of protection in allcircumstances; underlines that theobjective of strengthening the rights andprotections of individuals with regard tothe processing of their personal data mustbe met when adopting the package;provide a high level of protection in allcircumstances; underlines that theobjective of strengthening the rights andprotections of individuals with regard tothe processing of their personal data mustbe met when adopting the package;Or. enAmendment 40Timothy KirkhopeDraft motion for a resolutionParagraph 6Draft motion for a resolution6. Stresses that both the Data ProtectionRegulation and the Directive are necessaryto protect the fundamental rights ofindividuals, and that the two musttherefore be treated as a package to beadopted simultaneously, in order to ensurethat all data-processing activities in the EUprovide a high level of protection in allcircumstances; underlines that theobjective of strengthening the rights andprotections of individuals with regard tothe processing of their personal data mustbe met when adopting the package;Amendment6. Stresses that both the Data ProtectionRegulation and the Directive are necessaryto protect the fundamental rights ofindividuals, in order to ensure that all dataprocessingactivities in the EU provide ahigh level of protection in allcircumstances; underlines that theobjective of strengthening the rights andprotections of individuals with regard tothe processing of their personal data mustbe met when adopting the package;Or. enAmendment 41Claude MoraesDraft motion for a resolutionParagraph 7Draft motion for a resolution7. Notes that since the adoption of theresolution, several rounds of negotiationshave taken place with the US with a viewAmendment7. Notes that since the adoption of theresolution, several rounds of negotiationshave taken place with the US with a viewAM\1066534EN.doc 21/60 PE560.854v01-00EN

to agreeing on the EU-US frameworkagreement on the protection of personaldata when transferred and processed forlaw enforcement purposes (‘Umbrellaagreement');to agreeing on the EU-US frameworkagreement on the protection of personaldata when transferred and processed forlaw enforcement purposes (‘Umbrellaagreement'); notes the current nature ofthe draft agreement as an "executiveagreement" for the US which would bindonly those departments and branches ofthe US federal administration taking partto the agreement while for the EU-side theEU and all the Member States at all levelswould be bound; calls therefore for theagreement be concluded and ratified bythe US Congress (legislative agreement)to ensure that EU individuals whosepersonal data are transferred to the US inthe framework of law enforcementcooperation are provided with thenecessary protections, rights andsafeguards also when their personal dataare further transferred to domesticauthorities at state level;Or. enAmendment 42Cornelia Ernst, Marie-Christine Vergiat, Barbara SpinelliDraft motion for a resolutionParagraph 7 a (new)Draft motion for a resolutionAmendment7a. Denounces the secrecy in which thenegotiations on the EU-US umbrellaagreement are conducted;Or. enAmendment 43Axel VossDraft motion for a resolutionParagraph 8ENPE560.854v01-00 22/60 AM\1066534EN.doc

Draft motion for a resolution8. Welcomes the efforts by the USadministration to rebuild trust with theintroduction of the Judicial Redress Act of2015 into Congress; considers ensuring thesame rights of effective judicial redress forEU citizens / individuals whose personaldata are processed in the EU andtransferred to the US without anydiscrimination between EU and US citizensin all the same circumstances to be ofparamount importance; calls on Congressto pass such legislation;Amendment8. Welcomes the efforts by the USadministration to rebuild trust with theintroduction of the Judicial Redress Act of2015 into Congress; considers ensuring thesame rights of effective judicial redress forEU citizens whose personal data areprocessed in the EU and transferred to theUS without any discrimination between EUand US citizens to be of paramountimportance; calls on Congress to pass suchlegislation;Or. enAmendment 44Jan Philipp Albrecht, Judith Sargentini, Eva Joly, Jean LambertDraft motion for a resolutionParagraph 8 a (new)Draft motion for a resolutionAmendment8a. Reiterates that the consent by theEuropean Parliament to the final TTIPagreement is endangered without a prioradequate solution for data privacy rightsof EU citizens, including administrativeand judicial redress; underlines that theEuropean Parliament will only consent tothe final TTIP agreement provided theagreement fully respects, among other,fundamental rights recognised by the EUCharter, and that the protection of theprivacy of individuals in relation to theprocessing and dissemination of personaldata shall remain governed by Article IVof the GATS; stresses that EU dataprotection legislation cannot be deemedan "arbitrary or unjustifiablediscrimination" in the application ofArticle XIV of the GATS;Or. enAM\1066534EN.doc 23/60 PE560.854v01-00EN

Amendment 45Jan Philipp Albrecht, Eva JolyDraft motion for a resolutionParagraph 8 b (new)Draft motion for a resolutionAmendment8b. Calls for the suspension of TTIPnegotiations until US espionage onFrench industry has been brought to ahalt;Or. enAmendment 46Anna Maria Corazza Bildt, Axel Voss, Monica Macovei, Brice HortefeuxDraft motion for a resolutionParagraph 9Draft motion for a resolutionAmendment9. Recalls that the resolution calls for theimmediate suspension of the SafeHarbour Decision as it does not provideadequate protection of personal data forEU citizens;deletedOr. enAmendment 47Axel Voss, Brice Hortefeux, Michał Boni, Anna Maria Corazza Bildt, TraianUngureanu, Alessandra Mussolini, Heinz K. BeckerDraft motion for a resolutionParagraph 9Draft motion for a resolution9. Recalls that the resolution calls for theimmediate suspension of the Safe HarbourDecision as it does not provide adequateAmendment9. Recalls that the resolution calls for theimmediate suspension of the Safe HarbourDecision, if the Commission should not beENPE560.854v01-00 24/60 AM\1066534EN.doc

protection of personal data for EUcitizens;successful in stepping up the SafeHarbour decision by providing strongadded value for EU citizens;Or. enAmendment 48Timothy KirkhopeDraft motion for a resolutionParagraph 9Draft motion for a resolution9. Recalls that the resolution calls for theimmediate suspension of the Safe HarbourDecision as it does not provide adequateprotection of personal data for EU citizens;Amendment9. Recalls that the resolution calls for theimmediate suspension of the Safe HarbourDecision as it does not provide adequateprotection of personal data for EU citizens;however, notes that this would create avacuum of protection and regulation ofthe transfer of data between the EU andthe US;Or. enAmendment 49Axel Voss, Brice Hortefeux, Michał Boni, Anna Maria Corazza Bildt, TraianUngureanu, Milan Zver, Heinz K. Becker, Alessandra MussoliniDraft motion for a resolutionParagraph 9 a (new)Draft motion for a resolutionAmendment9a. The Safe Harbour decision dating26/07/00, needed to be revised and in thisregard welcomes the intendedimprovements proposed by theCommission;Or. enAM\1066534EN.doc 25/60 PE560.854v01-00EN

Amendment 50Axel Voss, Brice Hortefeux, Michał Boni, Anna Maria Corazza Bildt, TraianUngureanu, Milan Zver, Heinz K. Becker, Alessandra MussoliniDraft motion for a resolutionParagraph 9 b (new)Draft motion for a resolutionAmendment9b. Encourages the Commission tofurther purpose its efforts in providing aclear added value for EU citizens byguarantying the same level of protectionfor EU citizens that Americans enjoy inthe US and a level playing field for EUcompanies, notes that in this regardalternative solutions such as the marketlocation principle should be taken intoconsideration;Or. enAmendment 51Axel VossDraft motion for a resolutionParagraph 11Draft motion for a resolution11. Objects to the fact that the Parliamenthas not received any formalCommunication from the Commissionregarding the state of implementation ofthe 13 recommendations despite theCommission's announcement to do so bysummer 2014; expects the Commission todo so without any further delay;Amendment11. Welcomes the regular feedback fromthe Commission asks however for moreformal Communication from theCommission regarding the state ofimplementation of the 13recommendations;Or. enAmendment 52Timothy Kirkhopeon behalf of the Committee on Civil Liberties, Justice and Home AffairsENPE560.854v01-00 26/60 AM\1066534EN.doc

Draft motion for a resolutionParagraph 12Draft motion for a resolutionAmendment12. In the absence of any proper followupto the 13 recommendations thus farremains highly sceptical as to theadequate protection of personal dataunder the Safe Harbour arrangement andmaintains its position that the SafeHarbour be suspended because of its lackof adequacy level of protection;deletedOr. enAmendment 53Anna Maria Corazza Bildt, Axel Voss, Monica Macovei, Brice Hortefeux, AlessandraMussoliniDraft motion for a resolutionParagraph 12Draft motion for a resolution12. In the absence of any proper follow-upto the 13 recommendations thus farremains highly sceptical as to the adequateprotection of personal data under the SafeHarbour arrangement and maintains itsposition that the Safe Harbour besuspended because of its lack of adequacylevel of protection;Amendment12. In the absence of any proper follow-upto the 13 recommendations thus farremains highly sceptical as to the adequateprotection of personal data under the SafeHarbour arrangement and considers thatthe Safe Harbour could be suspended if noprogress is made in the negotiations withthe Commission and the US to ensureadequacy level of protection;Or. enAmendment 54Axel Voss, Brice Hortefeux, Michał Boni, Traian Ungureanu, Heinz K. BeckerDraft motion for a resolutionParagraph 12AM\1066534EN.doc 27/60 PE560.854v01-00EN

Draft motion for a resolution12. In the absence of any proper follow-upto the 13 recommendations thus farremains highly sceptical as to the adequateprotection of personal data under the SafeHarbour arrangement and maintains itsposition that the Safe Harbour besuspended because of its lack of adequacylevel of protection;Amendment12. In the absence of any proper follow-upto the 13 recommendations thus farremains highly sceptical as to the adequateprotection of personal data under the SafeHarbour arrangement and maintains itsposition that the suspension of the SafeHarbour Decision might be an option if noprogress is made in the EU-USnegotiation to ensure adequacy level ofprotection;Or. enAmendment 55Axel Voss, Brice Hortefeux, Artis Pabriks, Traian UngureanuDraft motion for a resolutionParagraph 14Draft motion for a resolutionAmendment14. Calls for all national parliamentswhich have not yet done so to installmeaningful oversight of intelligenceactivities and to ensure that suchoversight committees/bodies havesufficient resources, technical expertiseand legal means to be able to effectivelycontrol intelligence services;deletedOr. enAmendment 56Anna Maria Corazza Bildt, Monica Macovei, Brice HortefeuxDraft motion for a resolutionParagraph 14Draft motion for a resolution14. Calls for all national parliaments whichhave not yet done so to install meaningfulAmendment14. Calls for all national parliaments whichhave not yet done so to install meaningfulENPE560.854v01-00 28/60 AM\1066534EN.doc

oversight of intelligence activities and toensure that such oversightcommittees/bodies have sufficientresources, technical expertise and legalmeans to be able to effectively controlintelligence services;oversight of intelligence activities and toensure that such oversightcommittees/bodies have sufficientresources, technical expertise and legalmeans to be able to effectively oversightintelligence services;Or. enAmendment 57Cornelia Ernst, Marie-Christine Vergiat, Barbara SpinelliDraft motion for a resolutionParagraph 14Draft motion for a resolution14. Calls for all national parliaments whichhave not yet done so to install meaningfuloversight of intelligence activities and toensure that such oversightcommittees/bodies have sufficientresources, technical expertise and legalmeans to be able to effectively controlintelligence services;Amendment14. Calls for all national parliaments whichhave not yet done so to install meaningfuloversight of intelligence activities and toensure that such oversightcommittees/bodies have sufficientresources, technical expertise, legal meansand unfettered access to relevantdocuments to be able to effectively controlintelligence services;Or. enAmendment 58Ana GomesDraft motion for a resolutionParagraph 14Draft motion for a resolution14. Calls for all national parliaments whichhave not yet done so to install meaningfuloversight of intelligence activities and toensure that such oversightcommittees/bodies have sufficientresources, technical expertise and legalmeans to be able to effectively controlintelligence services;Amendment14. Calls for all national parliaments whichhave not yet done so to install meaningfuloversight of intelligence activities and toensure that such oversightcommittees/bodies have sufficientresources, technical expertise and legalmeans to be able to effectively controlintelligence services; decides that theAM\1066534EN.doc 29/60 PE560.854v01-00EN

European Parliament will furtherarticulate with national parliaments toensure that effective oversightmechanisms are in place and operating;Or. enAmendment 59Timothy KirkhopeDraft motion for a resolutionParagraph 14Draft motion for a resolution14. Calls for all national parliaments whichhave not yet done so to install meaningfuloversight of intelligence activities and toensure that such oversightcommittees/bodies have sufficientresources, technical expertise and legalmeans to be able to effectively controlintelligence services;Amendment14. Calls for all national parliaments whichhave not yet done so to install meaningfuloversight of intelligence activities and toensure that such oversightcommittees/bodies have sufficientresources, technical expertise and legalmeans to be able to effectively,independently and democraticallyscrutinise the work of intelligenceservices;Or. enAmendment 60Axel VossDraft motion for a resolutionParagraph 14 a (new)Draft motion for a resolutionAmendment14a. Recalls that national parliamentshave full competence in the oversight ofintelligence activities and intelligenceservices;Or. enENPE560.854v01-00 30/60 AM\1066534EN.doc

Amendment 61Cornelia Ernst, Marie-Christine Vergiat, Barbara SpinelliDraft motion for a resolutionParagraph 14 a (new)Draft motion for a resolutionAmendment14a. Calls on the Member States tothoroughly evaluate the effectiveness oftheir systems of oversights of intelligencebodies and consequently improve thesesystems;Or. enAmendment 62Sophia in 't VeldDraft motion for a resolutionParagraph 14 a (new)Draft motion for a resolutionAmendment14a. Calls for Member States to establishproper judicial and democratic oversightmechanisms for cooperation andinformation exchange betweenintelligence services within the EU andwith third countries;Or. enAmendment 63Timothy KirkhopeDraft motion for a resolutionParagraph 15Draft motion for a resolutionAmendment15. Will follow-up the conference on theDemocratic oversight of Intelligenceservices in the European Union of 28/29May 2015 and continue its efforts aimeddeletedAM\1066534EN.doc 31/60 PE560.854v01-00EN

at ensuring the sharing of best practiceson intelligence oversight, in closecoordination with national parliaments toensure effective oversight mechanisms arein place;Or. enAmendment 64Helga StevensDraft motion for a resolutionParagraph 15Draft motion for a resolution15. Will follow-up the conference on theDemocratic oversight of Intelligenceservices in the European Union of 28/29May 2015 and continue its efforts aimed atensuring the sharing of best practices onintelligence oversight, in closecoordination with national parliaments toensure effective oversight mechanisms arein place;Amendment15. Will further follow-up the conferenceon the Democratic oversight of Intelligenceservices in the European Union of 28/29May 2015 and continue its efforts aimed atensuring the sharing of best practices onintelligence oversight, in closecoordination with national parliaments toensure effective oversight mechanisms arein place;Or. enAmendment 65Axel VossDraft motion for a resolutionParagraph 15Draft motion for a resolution15. Will follow-up the conference on theDemocratic oversight of Intelligenceservices in the European Union of 28/29May 2015 and continue its efforts aimed atensuring the sharing of best practices onintelligence oversight, in closecoordination with national parliaments toensure effective oversight mechanisms arein place;Amendment15. Will follow-up the conference on theDemocratic oversight of Intelligenceservices in the European Union of 28/29May 2015 and continue its efforts aimed atensuring the sharing of good practices onintelligence oversight, in closecoordination with national parliaments;ENPE560.854v01-00 32/60 AM\1066534EN.doc

Or. enAmendment 66Claude Moraes, Birgit SippelDraft motion for a resolutionParagraph 15Draft motion for a resolution15. Will follow-up the conference on theDemocratic oversight of Intelligenceservices in the European Union of 28/29May 2015 and continue its efforts aimed atensuring the sharing of best practices onintelligence oversight, in closecoordination with national parliaments toensure effective oversight mechanisms arein place;Amendment15. Will follow-up the conference on theDemocratic oversight of Intelligenceservices in the European Union of 28/29May 2015 and continue its efforts aimed atensuring the sharing of best practices onintelligence oversight, in closecoordination with national parliaments toensure effective oversight mechanisms arein place; welcomes the joint concludingremarks of the Co-Chairs of thisconference declaring their intention toconvene a follow-up conference in twoyears' time;Or. enAmendment 67Aldo PatricielloDraft motion for a resolutionParagraph 15 a (new)Draft motion for a resolutionAmendment15a. Reiterates that such provisionsshould be placed in the context of theongoing fight against terrorism, since thisdrives and will increasingly drive nationalgovernments to take timely measures toincrease the funds allocated tointelligence services; particularlywelcome, therefore, would be thedevelopment of a practice whereby fundsare increased at the same time for thosewho are competent for supervising suchAM\1066534EN.doc 33/60 PE560.854v01-00EN

services, either ex ante before anintelligence activity begins or ex post withregard to the ways in which an operationis carried out;Or. itAmendment 68Cornelia Ernst, Marie-Christine Vergiat, Barbara SpinelliDraft motion for a resolutionParagraph 15 a (new)Draft motion for a resolutionAmendment15a. Considers that meaningfulparliamentary oversight is urgentlyrequired for Europol given that Europolis increasingly becoming Europe's biggestpersonal data hub, and its mandate blursthe line between law enforcement dataand intelligence data even further;Or. enAmendment 69Claude MoraesDraft motion for a resolutionParagraph 15 a (new)Draft motion for a resolutionAmendment15a. Considers that the existing tools ofcooperation among oversight bodies, forinstance the European Network ofNational Intelligence Reviewers(ENNIR), should be supported and theiruse be increased, possibly by making useof the potential of IPEX for the exchangeof information between NationalParliaments, in compliance with its scopeand technical capacity;Or. enENPE560.854v01-00 34/60 AM\1066534EN.doc

Amendment 70Sophia in 't VeldDraft motion for a resolutionParagraph 15 a (new)Draft motion for a resolutionAmendment15a. Stresses that a common definition of'national security' is needed for the EUand its Member States to ensure legalcertainty; notes that the lack of a cleardefinition allows for arbitrariness andabuses of fundamental rights and rule oflaw by executive and intelligencecommunities in the EU;Or. enAmendment 71Sophia in 't VeldDraft motion for a resolutionParagraph 15 b (new)Draft motion for a resolutionAmendment15b. Encourages the Commission andMember States to introduce sunset andextension provisions in legislation thatallows for the collection of personal dataor the surveillance of European citizens;stresses that sunset and extensionprovisions are essential safeguards forensuring that an instrument which isinvasive for privacy is regularlyscrutinised on its necessity andproportionality in a democratic society;Or. enAmendment 72Sophia in 't VeldAM\1066534EN.doc 35/60 PE560.854v01-00EN

Draft motion for a resolutionParagraph 15 c (new)Draft motion for a resolutionAmendment15c. Calls on the Member States to betransparent about their requests forinformation filed with private companiesand organisations;Or. enAmendment 73Ana GomesDraft motion for a resolutionParagraph 16Draft motion for a resolution16. Stresses that a healthy EU-USrelationship remains absolutely vital forboth partners; notes that revelations aboutsurveillance have undermined publicsupport for the relationship and thatmeasures need to be taken to ensure thattrust is rebuilt, in particular in the light ofthe urgent current need for cooperation ona large number of geopolitical issues ofcommon concern; emphasises in thiscontext that a negotiated solution betweenthe US and the EU as a whole, respectingfundamental rights, needs to be found.Amendment16. Stresses that a healthy EU-USrelationship remains absolutely vital forboth partners; notes that revelations aboutsurveillance have undermined publicsupport for the relationship and thatmeasures need to be taken to ensure thattrust is rebuilt, in particular in the light ofthe urgent current need for cooperation ona large number of geopolitical issues ofcommon concern, including the currentnegotiations on TTIP; emphasises in thiscontext that a negotiated solution betweenthe US and the EU as a whole, respectingfundamental rights, needs to be found.Or. enAmendment 74Timothy KirkhopeDraft motion for a resolutionParagraph 16ENPE560.854v01-00 36/60 AM\1066534EN.doc

Draft motion for a resolution16. Stresses that a healthy EU-USrelationship remains absolutely vital forboth partners; notes that revelations aboutsurveillance have undermined publicsupport for the relationship and thatmeasures need to be taken to ensure thattrust is rebuilt, in particular in the light ofthe urgent current need for cooperation ona large number of geopolitical issues ofcommon concern; emphasises in thiscontext that a negotiated solution betweenthe US and the EU as a whole, respectingfundamental rights, needs to be found.Amendment16. Stresses that the EU-US relationshipremains absolutely vital for both partnersin the fight against terrorism and seriouscriminality, and in building a thrivingeconomic and trade relationship, calls forurgent cooperation on a large number ofgeopolitical issues of common concern andinterest; notes that this relationshipshould be built on trust and cooperation;Or. enAmendment 75Claude MoraesDraft motion for a resolutionParagraph 16 a (new)Draft motion for a resolutionAmendment16a. Considers that any decision to usesurveillance technology should be basedon a thorough assessment of necessityand proportionality; welcomes the resultsof the SURVEILLE research projectwhich offers a methodology for assessingsurveillance technologies taking legal,ethical and technological considerationsinto account;Or. enAmendment 76Monika HohlmeierDraft motion for a resolutionParagraph 16 a (new)AM\1066534EN.doc 37/60 PE560.854v01-00EN

Draft motion for a resolutionAmendment16a. Welcomes the set of legislative andnon- legislative reforms on surveillanceput forward by the US Congress andgovernment since 2013, and in particularthe adoption by the Senate on 2nd June ofthe USA freedom act without anyamendments as the result of bicameraland bipartisan compromise;Or. enAmendment 77Claude Moraes, Birgit SippelDraft motion for a resolutionParagraph 16 b (new)Draft motion for a resolutionAmendment16b. Welcomes the recent legislative andjudicial decisions taken in the US to limitmass surveillance by the NSA, such as theadoption of the USA FREEDOM Act andthe ruling of the Second Circuit Court ofAppeals on the NSA's telephone recordcollection program, but regrets that thesedecisions focus mainly on US-personswhile the situation of EU citizens remainsthe same;Or. enAmendment 78Claude MoraesDraft motion for a resolutionParagraph 16 c (new)Draft motion for a resolutionAmendment16c. Welcomes the EU-US Riga Statementof 3 June 2015 on enhancingENPE560.854v01-00 38/60 AM\1066534EN.doc

transatlantic cooperation in the area ofJustice, Freedom and Security in whichsignatories committed to enhance theimplementation of the US-EU MutualLegal Assistance Agreement (MLAT),conclude its review as foreseen by theAgreement and conduct workshops todiscuss such issues with nationalcompetent authorities; in this regard callson the EU Member States and the USgovernment to adhere to the abovementioned commitments for a swiftconclusion of the US-EU MLAT review;Or. enAmendment 79Timothy KirkhopeDraft motion for a resolutionParagraph 17Draft motion for a resolutionAmendment17. Emphasises that the EU shouldcontribute to the development ofinternational standards/principles, at UNlevel, in line with the UN InternationalCovenant on Civil and Political Rights, inorder to create a global framework fordata protection, including specificlimitations with regard to collection fornational security purposes;deletedOr. enAmendment 80Axel Voss, Brice Hortefeux, Artis Pabriks, Traian Ungureanu, Heinz K. BeckerDraft motion for a resolutionParagraph 17Draft motion for a resolutionAmendment17. Emphasises that the EU should 17. Emphasises that the EU shouldAM\1066534EN.doc 39/60 PE560.854v01-00EN

contribute to the development ofinternational standards/principles, at UNlevel, in line with the UN InternationalCovenant on Civil and Political Rights, inorder to create a global framework for dataprotection, including specific limitationswith regard to collection for nationalsecurity purposes;contribute to the development ofinternational standards/principles, at UNlevel, in line with the UN InternationalCovenant on Civil and Political Rights, inorder to create a global framework for dataprotection;Or. enAmendment 81Axel Voss, Brice Hortefeux, Traian Ungureanu, Heinz K. BeckerDraft motion for a resolutionParagraph 18Draft motion for a resolutionAmendment18. Is convinced that only if crediblenorms are established at the global level,a surveillance arms race can be avoided;deletedOr. enAmendment 82Timothy KirkhopeDraft motion for a resolutionParagraph 18Draft motion for a resolutionAmendment18. Is convinced that only if crediblenorms are established at the global level,a surveillance arms race can be avoided;deletedOr. enAmendment 83Cornelia Ernst, Marie-Christine Vergiat, Barbara SpinelliENPE560.854v01-00 40/60 AM\1066534EN.doc

Draft motion for a resolutionParagraph 18Draft motion for a resolution18. Is convinced that only if credible normsare established at the global level, asurveillance arms race can be avoided;Amendment18. Is convinced that only if credible normsare established at the global level, asurveillance arms race can be stopped;Or. enAmendment 84Claude Moraes, Birgit SippelDraft motion for a resolutionParagraph 18 a (new)Draft motion for a resolutionAmendment18a. Requests European ParliamentPresident to call on the Secretary-Generalof the Council of Europe to launch theArticle 52 procedure according to which'on receipt of a request from theSecretary-General of the Council ofEurope any High Contracting Party shallfurnish an explanation of the manner inwhich its internal law ensures theeffective implementation of any of theprovisions of the Convention;Or. enAmendment 85Helga StevensDraft motion for a resolutionParagraph 19Draft motion for a resolution19. Welcomes initiatives by IT companiesto increase privacy tools for their clientsincluding increased use of encryption inconsumer technology; notes that variousAmendment19. Takes note of the initiatives by ITcompanies to increase privacy tools fortheir clients including increased use ofencryption in consumer technology; notesAM\1066534EN.doc 41/60 PE560.854v01-00EN

companies have also announced plans toenable end-to-end encryption in responseto mass surveillance revelations;also that various companies haveannounced plans to enable end-to-endencryption in response to mass surveillancerevelations; Understands the marketdrivendemand to provide for thesesolutions in light of the revelations.Remarks however that criminals, just likeinnocent people, will consequently havethese tools at their disposal.Or. enAmendment 86Sophia in 't VeldDraft motion for a resolutionParagraph 19Draft motion for a resolution19. Welcomes initiatives by IT companiesto increase privacy tools for their clientsincluding increased use of encryption inconsumer technology; notes that variouscompanies have also announced plans toenable end-to-end encryption in responseto mass surveillance revelations;Amendment19. Welcomes initiatives by IT companiesto increase privacy tools for their clientsincluding increased use of encryption inconsumer technology; notes that variouscompanies have also announced plans toenable end-to-end encryption in responseto mass surveillance revelations;underlines the right to protect and encryptcommunications; considers that a ban onencryption, in-built "backdoors",mechanisms giving the authorities accessto all encryption keys, or othermechanisms undermining the right ofcitizens to protect their communications,is contrary to the fundamental right toprivacy and data protection;Or. enAmendment 87Claude Moraes, Birgit SippelDraft motion for a resolutionParagraph 19ENPE560.854v01-00 42/60 AM\1066534EN.doc

Draft motion for a resolution19. Welcomes initiatives by IT companiesto increase privacy tools for their clientsincluding increased use of encryption inconsumer technology; notes that variouscompanies have also announced plans toenable end-to-end encryption in responseto mass surveillance revelations;Amendment19. Welcomes initiatives of the privateICT sector to develop cryptographicsecurity solutions and Internet servicesimproving privacy. Encourages thecontinued development of user-friendlyapplication settings helping customersmanaging what information to share withwhom and how;Or. enAmendment 88Timothy KirkhopeDraft motion for a resolutionParagraph 19Draft motion for a resolution19. Welcomes initiatives by IT companiesto increase privacy tools for their clientsincluding increased use of encryption inconsumer technology; notes that variouscompanies have also announced plans toenable end-to-end encryption in responseto mass surveillance revelations;Amendment19. Welcomes initiatives by IT companiesto increase privacy tools for their clientsincluding increased use of encryption inconsumer technology;Or. enAmendment 89Nathalie Griesbeck, Sophia in 't VeldDraft motion for a resolutionParagraph 19 a (new)Draft motion for a resolutionAmendment19a. Reiterates that, in accordance withArticle 15(1) of Directive 2000/31/EC,Member States shall not impose a generalobligation on providers of transmission,storage and hosting services to monitorAM\1066534EN.doc 43/60 PE560.854v01-00EN

the information which they transmit orstore, nor a general obligation actively toseek facts or circumstances indicatingillegal activity; reiterates in particular thatthe Court of Justice of the EuropeanUnion, in its Judgments C-360/10 and C-70/10, rejected measures for the ‘activemonitoring’ of almost all users of theservices concerned (internet accessproviders in one case, a social network inthe other) and specified that anyinjunction requiring a hosting servicesprovider to undertake general monitoringshall be precluded;Or. frAmendment 90Claude Moraes, Birgit SippelDraft motion for a resolutionParagraph 19 a (new)Draft motion for a resolutionAmendment19a. Welcomes the publication oftransparency reports by IT andtelecommunications companies aboutgovernment demands to users' data andapplauds these kind of initiatives;Or. enAmendment 91Axel Voss, Brice Hortefeux, Michał Boni, Traian Ungureanu, Heinz K. BeckerDraft motion for a resolutionSubheading 7Draft motion for a resolutionAmendmentTFTP AgreementdeletedOr. enENPE560.854v01-00 44/60 AM\1066534EN.doc

Amendment 92Axel Voss, Brice Hortefeux, Michał Boni, Monica Macovei, Anna Maria Corazza Bildt,Traian Ungureanu, Heinz K. BeckerDraft motion for a resolutionParagraph 20Draft motion for a resolutionAmendment20. Is disappointed that the Commissiondisregarded Parliament's clear call for thesuspension of the TFTP agreement givenno clear information was given to clarifywhether SWIFT data would have beenaccessed outside TFTP by any other USGovernment body; intends to take thisinto account when considering givingconsent to future internationalagreements;deletedOr. enAmendment 93Timothy KirkhopeDraft motion for a resolutionParagraph 20Draft motion for a resolutionAmendment20. Is disappointed that the Commissiondisregarded Parliament's clear call for thesuspension of the TFTP agreement givenno clear information was given to clarifywhether SWIFT data would have beenaccessed outside TFTP by any other USGovernment body; intends to take thisinto account when considering givingconsent to future internationalagreements;deletedOr. enAmendment 94Jan Philipp Albrecht, Judith Sargentini, Eva JolyAM\1066534EN.doc 45/60 PE560.854v01-00EN

Draft motion for a resolutionParagraph 20Draft motion for a resolution20. Is disappointed that the Commissiondisregarded Parliament's clear call for thesuspension of the TFTP agreement givenno clear information was given to clarifywhether SWIFT data would have beenaccessed outside TFTP by any other USGovernment body; intends to take this intoaccount when considering giving consentto future international agreements;Amendment20. Is disappointed that the Commissiondisregarded Parliament's clear call for thesuspension of the TFTP agreement givenno clear information was given to clarifywhether SWIFT data would have beenaccessed outside TFTP by any other USGovernment body; intends to take this intoaccount when considering giving consentto future international agreements andrepeats its call on the Commission toimmediately suspend CommissionDecision 520/2000 which declared theadequacy of the Safe Harbour privacyprinciples;Or. enAmendment 95Axel VossDraft motion for a resolutionParagraph 20 a (new)Draft motion for a resolutionAmendment20a. Takes the view that the informationprovided by the European Commissionand the US Treasury clarify that therewere no elements showing that the USGovernment has acted in a mannercontrary to the provisions of theAgreement, and that the US has providedwritten assurance that no direct datacollection has taken place contrary to theprovisions of the TFTP Agreement;Or. enENPE560.854v01-00 46/60 AM\1066534EN.doc

Amendment 96Cornelia Ernst, Marie-Christine Vergiat, Barbara SpinelliDraft motion for a resolutionParagraph 20 a (new)Draft motion for a resolutionAmendment20a. Reiterates its call for the suspensionof the TFTP agreement;Or. enAmendment 97Anna Maria Corazza Bildt, Axel Voss, Monica Macovei, Brice HortefeuxDraft motion for a resolutionParagraph 21Draft motion for a resolution21. Stresses its position that all agreements,mechanisms and adequacy decisions forexchanges with third countries involvingpersonal data require rigorous monitoringand immediate follow-up action by theCommission as the guardian of the Treaty;Amendment21. Stresses its position that all agreements,mechanisms and adequacy decisions forexchanges between the EU and thirdcountries involving personal data requirerigorous assessment and monitoring bythe Commission as the guardian of theTreaty;Or. enAmendment 98Sophia in 't VeldDraft motion for a resolutionParagraph 21 a (new)Draft motion for a resolutionAmendment21a. Stresses that Mutual LegalAssistance Treaties (MLATs) are theinstrument on the basis of which lawenforcement authorities of Member Statesshould cooperate with authorities of thirdcountries rather than on the assumptionAM\1066534EN.doc 47/60 PE560.854v01-00EN

of extraterritorial jurisdiction;Or. enAmendment 99Axel VossDraft motion for a resolutionParagraph 22Draft motion for a resolutionAmendment22. Calls on the Commission to report toParliament by the end of 2015 on the gapsidentified in different instruments usedfor international data transfers as regardsaccess by law enforcement andintelligence services of third countries andon the means to address them to ensurethe continuity of the required adequateprotection of EU personal datatransferred to third countries;deletedOr. enAmendment 100Axel Voss, Heinz K. BeckerDraft motion for a resolutionSubheading 9Draft motion for a resolutionAmendmentProtection of the rule of law and thefundamental rights of EU citizens /enhanced protection for whistleblowersand journalistsdeletedOr. enAmendment 101Axel Voss, Heinz K. BeckerENPE560.854v01-00 48/60 AM\1066534EN.doc

Draft motion for a resolutionParagraph 23Draft motion for a resolutionAmendment23. Considers that EU citizens'fundamental rights remain in danger andthat too little has been done to ensuretheir full protection in case of electronicmass surveillance; regrets the limitedprogress in ensuring the protection ofwhistleblowers and journalists;deletedOr. enAmendment 102Timothy KirkhopeDraft motion for a resolutionParagraph 23Draft motion for a resolutionAmendment23. Considers that EU citizens'fundamental rights remain in danger andthat too little has been done to ensuretheir full protection in case of electronicmass surveillance; regrets the limitedprogress in ensuring the protection ofwhistleblowers and journalists;deletedOr. enAmendment 103Tomáš ZdechovskýDraft motion for a resolutionParagraph 23Draft motion for a resolution23. Considers that EU citizens'fundamental rights remain in danger andthat too little has been done to ensure theirfull protection in case of electronic massAmendment23. Considers that EU citizens'fundamental rights remain in danger andthat too little has been done to ensure theirfull protection in case of electronic massAM\1066534EN.doc 49/60 PE560.854v01-00EN

surveillance; regrets the limited progress inensuring the protection of whistleblowersand journalists;surveillance; feels that the EU citizens arestill insufficiently informed about thesethreats; regrets the limited progress inensuring the protection of whistleblowersand journalists;Or. enAmendment 104Jan Philipp Albrecht, Judith Sargentini, Eva JolyDraft motion for a resolutionParagraph 23 a (new)Draft motion for a resolutionAmendment23a. Deplores the fact that many massand large-scale intelligence programmesseem to be also driven by economicinterests of companies that develop andrun those programmes, as was the casefor the ending of the NSA's targeted"Thinthread" programme and itsreplacement by the large-scalesurveillance programme "Trailblazer"which was outsourced to SAIC in 2001;Or. enAmendment 105Jan Philipp Albrecht, Judith Sargentini, Eva JolyDraft motion for a resolutionParagraph 23 b (new)Draft motion for a resolutionAmendment23b. Stresses that mass surveillanceseverely undermines the rights of EUcitizens to be protected against anysurveillance of confidentialcommunications with their lawyers andtherefore violates the EU Charter ofFundamental Rights, notably Articles 6,47 and 48 thereof and DirectiveENPE560.854v01-00 50/60 AM\1066534EN.doc

2013/48/EU on the right of access to alawyer, and notably Article 4 thereofwhich obliges Member States to respectthe confidentiality of communicationbetween suspects or accused persons andtheir lawyer; calls on the EuropeanCommission to ensure that within thecontext of the implementation of Directive2013/48/EU methods are devised toprovide citizens with protection ofcommunications covered by professionalsecrecy, by excluding altogether suchcommunications from being subject tosurveillance activities through theimposition of procedural safeguards, suchas the requirement for a prior warrantand strong external oversight with fulltraceability and accountability ofsurveillance, regardless of thejustification thereof (e.g. national securityreasons); calls upon the Commission alsoto present a communication on thissubject by the end of 2016 at the latest;Or. enAmendment 106Jan Philipp Albrecht, Judith Sargentini, Eva JolyDraft motion for a resolutionParagraph 23 c (new)Draft motion for a resolutionAmendment23c. Reiterates its serious concerns inrelation to the work within the Council ofEurope's Cybercrime ConventionCommittee on the interpretation of Article32 of the Convention on Cybercrime of 23November 2001 (Budapest Convention)on transborder access to stored computerdata with consent or where publiclyavailable, and opposes any conclusion ofan additional protocol or guidanceintended to broaden the scope of thisprovision beyond the current regimeestablished by this Convention, which isAM\1066534EN.doc 51/60 PE560.854v01-00EN

already a major exception to the principleof territoriality because it could result inunfettered remote access by lawenforcement authorities to servers andcomputers located in other jurisdictionswithout recourse to MLA agreements andother instruments of judicial cooperationput in place to guarantee the fundamentalrights of the individual, including dataprotection and due process; Underlinesthat the European Union has exercised itscompetence in the area of Cybercrime andtherefore the prerogatives of both theCommission and the Parliament shouldbe respected;Or. enAmendment 107Axel Voss, Anna Maria Corazza Bildt, Heinz K. BeckerDraft motion for a resolutionParagraph 24Draft motion for a resolutionAmendment24. Regrets that the Commission has notresponded to Parliament´s request toconduct an examination as to acomprehensive European Whistleblowerprotection programme and calls on theCommission to present by the end of 2016at the latest a communication on thissubject;deletedOr. enAmendment 108Timothy KirkhopeDraft motion for a resolutionParagraph 24ENPE560.854v01-00 52/60 AM\1066534EN.doc

Draft motion for a resolutionAmendment24. Regrets that the Commission has notresponded to Parliament´s request toconduct an examination as to acomprehensive European Whistleblowerprotection programme and calls on theCommission to present by the end of 2016at the latest a communication on thissubject;deletedOr. enAmendment 109Jan Philipp Albrecht, Judith Sargentini, Eva JolyDraft motion for a resolutionParagraph 24Draft motion for a resolution24. Regrets that the Commission has notresponded to Parliament´s request toconduct an examination as to acomprehensive European Whistleblowerprotection programme and calls on theCommission to present by the end of 2016at the latest a communication on thissubject;Amendment24. Regrets that the Commission has notresponded to Parliament´s request toconduct an examination as to acomprehensive European Whistleblowerprotection programme; calls on theCommission to present a Directive on theMinimum Protection of Whistle-Blowersin Europe by the end of 2016;Or. enAmendment 110Jan Philipp Albrecht, Judith Sargentini, Eva JolyDraft motion for a resolutionParagraph 24 a (new)Draft motion for a resolutionAmendment24a. Calls on the Commission to prepareguidelines for Member States on how tobring any instruments of personal datacollection for the purpose of theAM\1066534EN.doc 53/60 PE560.854v01-00EN

prevention, detection, investigation andprosecution of criminal offences,including terrorism, in line with thejudgement of the CJEU of 8th April 2014on data retention; points in particular toparagraphs 58 and 59 of that judgement,which clearly demand a targetedapproach for data collection instead of a"full take"; calls on the Commission tostart infringement procedures againstthose Member States which still have dataretention laws in place;Or. enAmendment 111Jan Philipp Albrecht, Judith Sargentini, Eva JolyDraft motion for a resolutionParagraph 24 b (new)Draft motion for a resolutionAmendment24b. Welcomes the resolution adopted onJune 23, 2015 by the ParliamentaryAssembly of the Council of Europe on'Improving the protection of whistleblowers',particularly:-Its point 9 on the importance of whistleblowingto ensure that legal limits placedon surveillance are respected;-Point 10 calling on the EU to enactwhistle-blower protection laws alsocovering employees of national security orintelligence service and of private firmsworking in this field and to grant asylum,as far as possible under national law, towhistleblowers threatened by retaliationin their home countries, provided theirdisclosures qualify for protection underthe principles advocated by the Assembly;Or. enPE560.854v01-00 54/60 AM\1066534EN.docEN

Amendment 112Timothy KirkhopeDraft motion for a resolutionParagraph 25Draft motion for a resolution25. Is disappointed by the lack of actionsby the Commission to follow up thedetailed recommendations made in theresolution to increase EU IT security andonline privacy;Amendment25. Asks the Commission to examine therecommendations made in the resolution toincrease EU IT security and online privacy;Or. enAmendment 113Claude MoraesDraft motion for a resolutionParagraph 26Draft motion for a resolution26. Recognises the steps made so far tostrengthen Parliament's IT security;requests that these efforts are continuedand that the recommendations made in theresolution are fully and swiftly carried out;calls for fresh thinking and if necessarylegislative change in the field ofprocurement to enhance the IT security ofEU Institutions;Amendment26. Welcomes the steps made so far tostrengthen Parliament's IT security asoutlined in the action plan on EP ICTSecurity by DGITEC; requests that theseefforts are continued and that therecommendations made in the resolutionare fully and swiftly carried out; calls forfresh thinking and if necessary legislativechange in the field of procurement toenhance the IT security of EU Institutions;calls for the systematic replacement ofproprietary software by auditable andverifiable open-source one in all EUinstitutions, and for the introduction of amandatory "open-source" selectioncriteria in all future ICT procurementprocedures;Or. enAM\1066534EN.doc 55/60 PE560.854v01-00EN

Amendment 114Cornelia Ernst, Marie-Christine Vergiat, Barbara SpinelliDraft motion for a resolutionParagraph 26 a (new)Draft motion for a resolutionAmendment26a. Is disappointed that Parliament's ITinfrastructure still does not allow forMembers to encrypt and decrypt theiremail;Or. enAmendment 115Anna Maria Corazza Bildt, Monica MacoveiDraft motion for a resolutionParagraph 27Draft motion for a resolutionAmendment27. Strongly reiterates its call to develop,within the framework of new initiativessuch as the Digital Single Market, aEuropean strategy for greater ITindependence and online privacy that willboost EU IT industry;deletedOr. enAmendment 116Timothy KirkhopeDraft motion for a resolutionParagraph 28Draft motion for a resolutionAmendment28. Will submit further recommendationsin this field following its conference"Protecting on-line privacy by enhancingIT security and EU IT autonomy"scheduled for the end of 2015;deletedENPE560.854v01-00 56/60 AM\1066534EN.doc

Or. enAmendment 117Claude Moraes, Birgit SippelDraft motion for a resolutionParagraph 28Draft motion for a resolution28. Will submit further recommendationsin this field following its conference"Protecting on-line privacy by enhancingIT security and EU IT autonomy"scheduled for the end of 2015;Amendment28. Will submit further recommendationsin this field following its conference"Protecting on-line privacy by enhancingIT security and EU IT autonomy"scheduled for the end of 2015 building upon the findings of the recent STOA studyon the mass surveillance of IT users;Or. enAmendment 118Axel Voss, Brice Hortefeux, Michał Boni, Traian Ungureanu, Heinz K. BeckerDraft motion for a resolutionParagraph 29Draft motion for a resolution29. Welcomes the Commission's aim tomake the EU a reference player for Internetgovernance and its vision of a multistakeholdermodel for internet governancewhich was reiterated during the GlobalMultistakeholder Meeting on the Futureof Internet Governance (NETMundial) inBrazil in April 2014; looks forward to theongoing international work in this fieldincluding in the framework of theInternet Governance Forum;Amendment29. Welcomes the Commission's aim tomake the EU a reference player for Internetgovernance and its vision of a multistakeholdermodel for internet governance;Or. enAM\1066534EN.doc 57/60 PE560.854v01-00EN

Amendment 119Cornelia Ernst, Marie-Christine Vergiat, Barbara SpinelliDraft motion for a resolutionSubheading 11 a (new)Draft motion for a resolutionAmendmentEuropean Agenda on SecurityOr. enAmendment 120Cornelia Ernst, Marie-Christine Vergiat, Barbara SpinelliDraft motion for a resolutionParagraph 29 a (new)Draft motion for a resolutionAmendment29a. Opposes the continuing policy by theEU and the Member States, as evidencedin the recently published 'EuropeanAgenda on Security', on promoting morepersonal data collection measures in theso-called fight against terrorism andorganised crime, with a clear disregardfor the legal necessity and proportionalitytest which are crucial to protecting theessence of citizens' fundamental rightsand safeguarding the presumption ofinnocence;Or. enAmendment 121Cornelia Ernst, Marie-Christine Vergiat, Barbara SpinelliDraft motion for a resolutionParagraph 29 b (new)Draft motion for a resolutionAmendment29b. Warns for the obvious downwardspiral for the fundamental right to privacyENPE560.854v01-00 58/60 AM\1066534EN.doc

and personal data protection when everybit of information on human behaviour isconsidered to be potentially useful incombatting future criminal acts,necessarily resulting in a masssurveillance culture where every citizen istreated as a potential suspect and leadingto corrosion of societal coherence andtrust;Or. enAmendment 122Claude Moraes, Birgit SippelDraft motion for a resolutionParagraph 29 a (new)Draft motion for a resolutionAmendmentWill take into account the findings in theFundamental Rights Agency in-depthresearch on the protection of fundamentalrights in the context of surveillance, andin particular on the current legal situationof individuals with regard to the remediesavailable to them in relation to thosepractices;Or. enAmendment 123Monika HohlmeierDraft motion for a resolutionParagraph 30Draft motion for a resolutionAmendment30. Instructs its Committee on CivilLiberties, Justice and Home Affairs tocontinue to monitor developments in thisfield and the follow-up to therecommendations made in the resolutionand to address the plenary again withindeletedAM\1066534EN.doc 59/60 PE560.854v01-00EN

one year;Or. enAmendment 124Axel VossDraft motion for a resolutionParagraph 30Draft motion for a resolution30. Instructs its Committee on CivilLiberties, Justice and Home Affairs tocontinue to monitor developments in thisfield and the follow-up to therecommendations made in the resolutionand to address the plenary again withinone year;Amendment30. Instructs its Committee on CivilLiberties, Justice and Home Affairs tocontinue to monitor developments in thisfield and the follow-up to therecommendations made in the resolutionwhere necessary;Or. enAmendment 125Timothy KirkhopeDraft motion for a resolutionParagraph 30Draft motion for a resolution30. Instructs its Committee on CivilLiberties, Justice and Home Affairs tocontinue to monitor developments in thisfield and the follow-up to therecommendations made in the resolutionand to address the plenary again withinone year;Amendment30. Instructs its Committee on CivilLiberties, Justice and Home Affairs tocontinue to monitor developments in thisfield and the follow-up to therecommendations made in the resolution.Or. enENPE560.854v01-00 60/60 AM\1066534EN.doc