European Parliament resolution on the interception of bank transfer data from the SWIFT system by the US secret services
Date: 2006-07-06
Institutions: European Parliament
Subjects: United States, access to information, credit transfer, data processing, data protection, personal data, secret service, terrorism

13.12.2006

EN

Official Journal of the European Union

C 303 E/843

P6_TA(2006)0317

Thursday, 6 July 2006

Interception of bank transfer data from the SWIFT system by the US secret
services

European Parliament resolution on the interception of bank transfer data from the SWIFT system
by the US secret services

The European Parliament,

— having regard to the European Convention for the Protection of Human Rights and Fundamental

Freedoms (the ECHR), in particular Article 8 thereof,

— having regard to the Charter of Fundamental Rights of the European Union, in particular Articles 7 and

8 thereof,

— having regard to Council of Europe Convention No 108 for the Protection of Individuals with regard to

Automatic Processing of Personal Data,

— having regard to Article 6 of the EU Treaty and Article 286 of the EC Treaty,

— having regard to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995
on the protection of individuals with regard to the processing of personal data and on the free move-
ment of such data (1),

— having regard to Regulation (EC) No 45/2001 of the European Parliament and of the Council of
18 December 2000 on the protection of individuals with regard to the processing of personal data by
the Community institutions and bodies and on the free movement of such data (2),

— having regard to the proposal for a regulation on information on the payer accompanying transfers of

funds (COM(2005)0343),

— having regard to the complaints filed by Privacy International to data protection and privacy regulators
in 33 countries alleging that the SWIFT transfers were undertaken without regard to legal process under
data protection law, and that the disclosures were made without any legal basis or authority,

— having regard to Rule 103(4) of its Rules of Procedure,

A. whereas European and US media have recently revealed the existence of the Terrorist Finance Tracking
Program, put in place by the US administration, which has allowed US authorities to access all the finan-
cial data stored by SWIFT (Society for Worldwide Interbank Financial Telecommunications), a Belgian-
based industry-owned cooperative which consists of more than 8 000 commercial banks and institutions
in 200 countries, including a number of central banks,

B. whereas the information stored by SWIFT to which the US authorities have had access concerns hundred
of thousands of EU citizens, as European banks use the SWIFT messaging system for the worldwide
transfer of funds between banks, and whereas SWIFT generates millions of transfers and banking transac-
tions on a daily basis,

C. whereas any transfer of data generated within EU territory that is to be used outside EU territory should

as a minimum be subject to an adequacy assessment pursuant to Directive 95/46/EC,

D. whereas access to data managed by SWIFT makes it possible to detect not only transfers linked to illegal
activities, but also information on the economic activities of the individuals and countries concerned,
and this could give rise to large-scale forms of economic and industrial espionage,

(1) OJ L 281, 23.11.1995, p. 31.
(2) OJ L 8, 12.1.2001, p. 1.

C 303 E/844

EN

Official Journal of the European Union

13.12.2006

Thursday, 6 July 2006

1. Recalls its determination to fight terrorism and believes in the need to strike the right balance between
security measures and the protection of civil liberties and fundamental rights; expresses its serious concern
at the fact that a climate of deteriorating respect for privacy and data protection is being created;

2.
Stresses that the European Union is based on the rule of law and that all transfers of personal data to
third countries are subject to data protection legislation at national and European level, which provides that
any transfer must be authorised by a judicial authority and that any derogation from this principle must be
proportional and founded on a law or an international agreement;

Believes that only by applying Article 8 of the ECHR, acting in the framework of Community law and
3.
having regard to Article 13 of Directive 95/46/EC, can the Member States — in the interests of state
security, public order and safety — derogate from the principle of data finality whereby the onward
forwarding of commercial data is prohibited, which principle is the only legitimate basis for the storing of
personal data by private parties, and thereby reduce the level of data protection only when this is necessary,
proportional and compatible with a democratic society;

4. Notes the abovementioned proposal for a regulation, which may contribute to establishing a legal
framework for the transfer of this information; regrets that the European Parliament — contrary to the prin-
ciple of loyal and constant cooperation between the Community institutions — has not been informed
during negotiations and trialogues by the other institutions, in particular the European Central Bank, of the
existence of the SWIFT transfers;

5. Demands that the Commission, the Council and the European Central Bank (the ECB) explain fully the
extent to which they were aware of the secret agreement between SWIFT and the US government;

6. Demands in this context that the role and functioning of the ECB be clarified, and asks the European
Data Protection Supervisor to check as soon as possible whether,
in accordance with Regulation (EC)
No 45/2001, the ECB was obliged to react to the possible violation of data protection which had come to
its knowledge;

7. Recalls that the ECB is supposed to guarantee that central banks access SWIFT only within a legal
framework;

8. Demands that the Member States check whether and ensure that there is no legal lacuna at national
level and that the Community data protection legislation also covers central banks; asks the Member States
to transmit the results of that check to the Commission, the Council and the European Parliament;

9. Demands that the Council urgently examine and adopt the proposal for a framework decision on the
protection of personal data processed in the framework of police and judicial cooperation in criminal
matters (COM(2005)0475) in order to ensure that European citizens enjoy a uniform and high level of data
protection throughout the Union's territory;

10. Draws the Council's attention in particular to Amendments 26 and 58 of Parliament's position
adopted on 14 June 2006 (1) on the abovementioned proposal for a framework decision, which aim to regu-
late the treatment of data transferred to private parties in the public interest;

11. Reiterates its great disappointment with the Council's unwillingness to overcome the current legislative
situation, where, under either the first or the third pillar, two different procedural frameworks for the protec-
tion of fundamental rights apply; reiterates, therefore, its demand for this dual framework to be abolished by
activating the bridging clause provided for in Article 42 TEU;

12. Requests that the Commission undertake an evaluation of all EU anti-terrorist legislation that has been
adopted from the point of view of efficiency, necessity, proportionality and respect for fundamental rights;
strongly urges the Commission and Council to consider what measures should be taken to avoid future repe-
titions of such serious privacy breaches;

(1) Texts Adopted, P6_TA(2006)0258.

13.12.2006

EN

Official Journal of the European Union

C 303 E/845

Thursday, 6 July 2006

13.
Strongly disapproves of any secret operations on EU territory that affect the privacy of EU citizens; is
deeply concerned that such operations should be taking place without the citizens of Europe and their
parliamentary representation having been informed; urges the USA and its intelligence and security services
to act in a spirit of good cooperation and notify their allies of any security operations they intend to carry
out on EU territory;

14. Asks its Committee on Civil Liberties, Justice and Home Affairs, together with its Committee on
Economic and Monetary Affairs, to hold, as soon as possible, a joint hearing of the ECB, the Commission,
the Council, the European Data Protection Supervisor and other private and public parties that are involved
in the affair in order to uncover what information they may have had;

Instructs its President to forward this resolution to the Council, the Commission, the European
15.
Central Bank, the governments and parliaments of the Member States, accession countries and candidate
countries, and the United States Government and the two Chambers of Congress.

P6_TA(2006)0318

Integration of immigrants in the European Union

European Parliament resolution on strategies and means for the integration of immigrants in the
European Union (2006/2056(INI))

The European Parliament,

— having regard to the Commission Communication of 1 September 2005 entitled ‘A Common Agenda
for Integration — Framework for the Integration of Third-Country Nationals in the European Union’
(COM(2005)0389),

— having regard to Article 13 of the EC Treaty,

— having regard to the EC Treaty, which confers on the Community powers and responsibilities in the

spheres of immigration and asylum, and in particular to Article 63(3)(a) thereof,

— having regard to the Presidency Conclusions of the Tampere European Council of 15 and 16 October
1999, of the Laeken European Council of 14 and 15 December 2001, of the Seville European Council
of 21 and 22 June 2002 and of the Thessaloniki European Council of 19 and 20 June 2003, which
stress the importance of developing cooperation and exchange of information within the framework of
the newly-established group of national contact points on integration with a view in particular to
strengthening coordination of relevant policies at national and EU level,

— having regard to the Hague Programme adopted by the European Council on 4 November 2004, which
freedom, security and justice in the period

the objectives to be implemented in the area of

set
2005-2010,

— having regard to the informal ministerial meeting in Groningen on 9 November 2004, where ministers

responsible for integration policy met for the first time,

— having regard to the Common Basic Principles for immigrant integration policy in the European Union

adopted by the Council of the European Union on 19 November 2004 (1),

(1) Document 14615/04 of 19 November 2004.