22nd April 2010
speech Jimmy Schulz, MP
Top 22 for the record
SPD proposal "New SWIFT deal only with European fundamental rights and data protection standards,"
Speaking as a video blog
The U.S. is our most important partner in the fight against terrorism . To succeed in this struggle are the cooperation between partners is extremely important. But this cooperation has its limits. When cooperation is, civil rights to rely on `s game, then it is not purposeful at this point. Because we do not promote the fight, but it has not already lost.
The new negotiating mandate for a new SWIFT agreement that Friday will be adopted in the Council of EU Interior and Justice Minister means potentially millions of averaging over the data of EU citizens. This is not an easy thing and needs to be taken very seriously. As with any measure to combat terrorism must be considered necessary and proportionate. The requirements set by the European law in this context are of paramount importance and must be respected.
The new mandate, the Commission on 24 March, is presented, in front of Parliament has rejected the Interim Agreement is a significant improvement dar. We are pleased that, for example, the term terrorism is aligned with the definition in Article 1 of the Framework Decision (2002/475/JHA), and that SEPA data are excluded. Despite these improvements, the mandate is still insufficient, and it still contains several disturbing interference with civil rights.
The transfer of millions of innocent citizens in large data packets is unacceptable. It can not be that due to a single suspected case of the account activity of hundreds or thousands to be shipped! The reason that SWIFT can open the data packets read neither. But nevertheless, we can not accept such technical reasons, for the transfer of these large packages can not subsequently be revised. Supervision and control are late, if the data protection law is already injured. Of course it should as few data are transmitted and exchanges must be made subject to conditions to tight. The data must be checked on the European side and not explicitly requested data must be sorted out. To view this control falls to European law, these tasks should be entrusted to a European authority. Such authority must respect their regulatory control abilities are clearly defined.
are further provided for periods of time in no way acceptable. The storage period is considering the decision of the Federal Constitutional Court on the retention of telecommunications data related to well below 5 years are limited.
We also need strict data-as well as legal protection. Finally it comes to European citizens and we will not accept any arrangements that fall below European standards. This means transparency for the purposes of information about the data, correcting inaccurate data, deletion and compensation for affected citizens unjustly. Very important is also the effective legal protection in U.S. courts. Finally, data may be disclosed only to third countries if there first, there is a comparable level of protection and secondly, a specific request is made. In no conceivable is an event-free transmission of data.
Complete transparency is essential. The entire agreement must be published, secret facilities may not be there. Furthermore, a regular review to take place with representatives of data protection authorities of the Member States. There is evaluate how the data are used and how the data collection for the fight against terrorism is appropriate at all.
The application of the SPD contains some important goals, and of these, Mrs Justice Minister Leutheusser-Schnarrenberger achieved in the current negotiations, but much already. It is interesting at this point the following: The negotiations on the SWIFT agreement were included under the German presidency in 2007 by former SPD finance minister Steinbrueck, at the time of election, they were largely complete. We should, therefore, can save a lot of trouble if the SPD would have prevailed in the negotiations at that time a few of their own goals from now this request. Unfortunately, the SPD was not so very successful. The Justice Minister has made it into the final weeks more than the SPD in two years.
Finally, once the crucial point: We must not deviate from what we agreed in the coalition agreement, to ensure high level of data protection in the SWIFT deal! I have great confidence in our Justice Minister, Leutheusser-Schnarrenberger that it asserts itself, and thus make sure that is nothing less than the security of the data of our citizens is preserved.
- Jimmy Schulz 
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