TFTP review — Article 12, Article 15 and Article 16
Question for written answer E-003778/2011
to the Commission
Alexander Alvaro (ALDE) , Sophia in 't Veld (ALDE) , Simon Busuttil (PPE) , Claude Moraes (S&D) , Birgit Sippel (S&D) , Judith Sargentini (Verts/ALE) , Jan Philipp Albrecht (Verts/ALE) and Rui Tavares (GUE/NGL)
The Agreement between the European Union and the United States of America on the processing and transfer of financial messaging data from the European Union to the United States for the purposes of the Terrorist Finance Tracking Programme provides for a periodical review of the implementation of the agreement. The Commission presented its report on the joint review of the implementation of the agreement on 16 March 2011.
According to the Commission report, the overseers see and verify all of the searches performed. How is this done exactly? How do the overseers check and verify the nexus to terrorism?
According to the Commission report, the Treasury explained that little use has been made so far by individuals of the possibilities to exercise their data protection rights under the agreement. Why was only the Treasury asked? Why is there no wording on the implementation experiences by European National Data Protection Authorities (NDPAs)? What has the experience of the European NDPAs been?
Why does the Commission accept that, contrary to Article 15, the right of access only applies to extracted/accessed data with terrorism nexus?
Why does the Commission accept that, contrary to Article 16, the Treasury would refer individuals requesting rectification or erasure of information from a bank transfer to their own bank?
According to the Commission report, the quarterly reports provided by independent auditors provide welcome assurance. According to the Commission report, options should be explored to provide more regular information on the effectiveness and implementation of the TFTP, e.g. by way of six-monthly updates. Why does the Commission only plan to do a follow up review in 1.5 years?
OJ C 314 E, 27/10/2011