Breaches of the Terrorist Finance Tracking Programme II Agreement

10.9.2013

Question for written answer E-010019-13
to the Commission
Rule 117
Alexander Alvaro (ALDE)

The Commission is specifically requested to answer the following questions regarding the report on the second joint review of the implementation of the Terrorist Finance Tracking Programme (TFTP) Agreement with a ‘yes’ or ‘no’ answer only:

Data minimisation

Is it correct that according to Article 4 of the TFTP Agreement, the requests of the US Treasury Department to obtain data necessary for the purpose of the Agreement will be tailored as narrowly as possible?

Is it correct that the vast majority of the data that have been requested by the US Treasury Department since the entry into force of the TFTP Agreement will never be made available?

Rights of data subjects

Is it correct that according to Article 16 of the TFTP Agreement, any person has the right to seek the rectification of personal data processed by the US Treasury Department?

Is it correct that since the entry into force of the TFTP Agreement, the rectification of data in the strict sense has, in fact, not been technically feasible?

Data retention period

Is it correct that according to Article 6 of the TFTP Agreement, all non-extracted data received by the US Treasury Department on or after20 July 2007 should be deleted no later than five years following the date of receipt?

Is it correct that the data received by the US Treasury Department between 20 July 2007 and 20 October 2007 was, in fact, not deleted before 21 October 2012?

Oversight

Is it correct that according to Article 12 of the TFTP Agreement, an overseer appointed by the Commission shall have the authority to review, in real time and retrospectively, all inspections made of the data provided?

Is it correct that since the entry into force of the TFTP Agreement, there have been certain restrictions placed upon the data made available to the EU overseer?

Transparency

Is it correct that according to Article 13 of the TFTP Agreement, the relevant parties shall review jointly the provisions set out in the TFTP Agreement, paying particular attention to the number of communications accessed which relate to financial payment?

Is it correct that since the entry into force of the TFTP Agreement, none of the joint reviews has paid particular attention to the number of communications accessed which relate to financial payment?

OJ C 197, 26/06/2014