Breaches of the Terrorist Finance Tracking Programme (TFTP) Agreement
15.1.2013
Question for written answer E-000351-13
to the Commission
Rule 117
Alexander Alvaro (ALDE)
The Commission is specifically requested to answer the following questions on the report on the second joint review of the implementation of the TFTP Agreement with ‘yes’ or ‘no’ only:
Data minimisation
1. Is it correct that, according to Article 4 of the TFTP Agreement, requests from the US Treasury Department for data necessary for the purposes of the Agreement shall be tailored as narrowly as possible?
2. Is it correct that by far the greater part of the data requested by the US Treasury Department since the entering into force of the TFTP Agreement will in fact never be accessed by said department?
Data subject rights
1. Is it correct that, according to Article 16 of the TFTP Agreement, any person has the right to seek the rectification of his or her personal data processed by the US Treasury Department?
2. Is it correct that since the entering into force of the TFTP Agreement rectification of data in the strict sense has in fact proved technically infeasible?
Data retention period
1. Is it correct that, according to Article 6 of the TFTP Agreement, all non-extracted data received by the US Treasury Department on or after 20 July 2007 should have been deleted not later than five years after receipt?
2. 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
1. 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 searches made of the provided data?
2. Is it correct that since the entering into force of the TFTP Agreement there have in fact been certain limits preventing the EU overseer from seeing some data?
Transparency
1. Is it correct that, according to Article 13 of the TFTP Agreement, the Parties shall jointly review the provisions set out in the Agreement having particular regard to the number of financial payment messages accessed?
2. Is it correct that, in fact, since the entry into force of the TFTP Agreement none of the joint reviews had particular regard to the number of financial payment messages accessed?
OJ C 346 E, 27/11/2013