The Commission has adopted a draft mandate for negotiating bank data transfers with the United States government under the Terrorist Financing Tracking Programme (TFTP). The Commission wants to complete an agreement this summer to limit gaps in security.

The new proposal would give the Commission a mandate to negotiate a strong level of protection of personal data. It would also commit it to keeping the European Parliament fully informed at all stages of negotiations.

Under the proposal of the Commission the draft mandate includes significant further data protection guarantees such as a strict counter terrorism purpose limitation, an absolute prohibition on transfers on bulk data to third countries (only leads can be transferred).

It aims at a potential limitation of the amount of personal data that is transferred to US authorities. In line with EU law, the mandate proposes a general maximum data retention period of 5 years. The EU will have the right to terminate the Agreement in the event of breach of any of the data protection safeguards.

Background

At the JHA Council of 25 February 2010 there was general agreement among Member States that there is a pressing need to put in place a new EU-US TFTP Agreement to maintain this valuable counter terrorism programme, after the refusal of the European Parliament to consent for the TFTP Interim Agreement, on 11 February.

Consequent to the European Parliament vote, a letter signed by the President of the Council was delivered to the US Secretary of State on 22 February stating that as a consequence of the Parliament's Resolution, the EU cannot become a party to the Interim Agreement and terminating the provisional application of the Agreement.