Data transfer to the USA by Member States on the basis of memorandums of understanding

13.10.2010

Question for oral answer O-0160/2010
to the Commission
Rule 115
Rui Tavares, Marie-Christine Vergiat
on behalf of the GUE/NGL Group

In response to the USA’s ‘Implementing recommendations of the 9/11 Commission Act of 2007’ (http://intelligence.senate.gov/laws/pl11053.pdf), it was decided to start negotiations with the USA on the basis of a twin-track approach involving both EU-US negotiations and negotiations on bilateral memorandums of understanding (MoUs) between the USA and individual Member States. Not all Member States have chosen to adopt an open, transparent procedure for the bilateral negotiations or to submit the resulting MoUs to their respective national parliaments for approval. There are indications that MoUs may overlap with certain agreements concluded between the EU and the USA, such as the agreement on passenger name record (PNR) data. In view of the current work on the PNR package and possible new negotiations, these matters need to be clarified as a matter of urgency.

Can the Commission clarify the following points:

–  which Member States have concluded bilateral MoUs so far?

–  which of those MoUs include the transfer of PNR data?

–  how do these bilateral agreements on PNR relate to the EU-US agreement?

–  can it confirm that they concern the transfer of PNR data for European flights and passengers travelling to destinations other than the USA?

–  can it indicate which categories of data are covered by these MoUs?

–  has it considered the fact that Member States may be asked to transfer national data that are also part of EU databases (such as Prüm)?

–  does it consider such data transfers to be in line with EU data protection rules?

Tabled: 13.10.2010

Forwarded: 15.10.2010

Deadline for reply: 22.10.2010