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European Observer on fundamental right's respect

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Other Acts P6_TA-PROV (2009)0016 (17/09/2009)

Type: Acts of the European Union: European Parliament resolution on the envisaged international agreement to make available to the United States Treasury Department financial payment messaging data to prevent and combat terrorism and terrorist financing

Authority: European Authorities - European Union: European Parliament

Date: 09/17/2009

Subject: The European Parliament believes that an international agreement is absolutely necessary, but that it must ensure that: data are transferred and processed only for the purposes of fighting terrorism, their transfer, storage and use is not disproportionate, the transfer requests are based on specific, targeted cases, limited in time and subject to judicial authorisation, EU citizens and enterprises are granted the same defence rights and procedural guarantees and the same right of access to justice as exist in the EU and that the legality and proportionality of the transfer requests are open to judicial review in the US, transferred data are subject to the same judicial redress mechanisms as would apply to data held within the EU, that the transfer of such data to third parties other than the public authorities in charge of the fight against terrorism financing is also prohibited, a reciprocity mechanism is strictly adhered to, a possible new agreement will be negotiated under the new EU legal framework, after the entry into force of the Treaty of Lisbon.

Classification: Freedoms - Art. 7 Privacy - Art. 8 Personal data: fairly processing - Personal data: consent - Personal data: access - Personal data: rectification - Personal data: independent authority - Justice - Art. 47 Justice: remedy - Art. 48 Rights of defence - Art. 49 Principles of legality (nullum crimen, nulla poena sine lege; lighter penalty)

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