Application for access to and/or rectification, erasure or blocking of personal data held pursuant to the U.S. Terrorist Finance Tracking Program (TFTP)
Article 15 of the Agreement between the United States of America and the European Union on the Processing and Transfer of Financial Messaging Data from the European Union to the United States for the Purposes of the Terrorist Finance Tracking Program (hereafter: the TFTP Agreement) provides the ability to seek access to personal data processed under the Agreement. Article 16 provides the ability to seek rectification, erasure or blocking of personal data that are inaccurate or processed in contravention of the Agreement. Articles 15 and 16 provide that the National Supervisory Authority for Personal Data Processing (herein after ANSPDCP) will act as intermediary to the U.S. Treasury Department, which administers the TFTP.
If you wish to make a request pursuant to Article 15 and/or Article 16 of the TFTP Agreement, please fill out the attached identification form (Form A), as well as the request form(s) (Form(s) B and/or C) and waiver form (Form D). This is the information that is needed by the U.S. Treasury Department to conduct a thorough and accurate review in response to your request.
Proof of identity
ANSPDCP needs to be satisfied that you are who you say you are. Consequently, we require you to provide evidence of your identity by supplying a photocopy of a driving licence, passport, identity card or other official identity document containing your photograph and bearing your signature. Please see Annex 2 for an overview of the official means of identification in your country.
ANSPDCP will verify your identity based solely on the information you provide. The photocopy of your proof of identity will not be transferred to the U.S. Treasury Department, but will remain with your national data protection authority. No later than six months after the file related to your Article 15 and/or Article 16 request has been closed, this photocopy will be destroyed.
Please note that this procedure only applies to individuals with the nationality of one of the EU Member States and those permanently residing in one of the countries of the European Union.
In order to start your application for access, please ensure you send at least the following information in hard copy to ANSPDCP (see Annex 1):
· Identification Verification Form (Form A) - fully completed and signed
· Article 15 Access Request Form (Form B) - fully completed and signed and/or
· Article 16 Rectification, Erasure or Blocking Request Form (Form C) - fully completed and signed
· Waiver form (Form D) - fully completed and signed
· Photocopy of an official means of identification bearing your signature1 (see Annex 2)
Further information regarding your request may be provided in a separate letter. Please ensure that you have clearly indicated whether you authorize the transfer of the additional information to the U.S. Treasury Department. Without explicit authorization to transfer the additional information to the U.S. Treasury Department, that information will only be retained by ANSPDCP and will not be used by the U.S. Treasury Department to help process the request.
Upon its receipt of your application, ANSPDCP will forward Form D and Form(s) B and/or C to the U.S. Treasury Department. ANSPDCP will keep you informed about the procedure and after a response is provided to ANSPDCP by the U.S. Treasury Department, ANSPDCP will forward the information regarding your request to you without undue delay. However, please bear in mind that the response to your access request may be very limited, given the nature of the Terrorist Finance Tracking Program.
For further information about the TFTP Agreement and requests pursuant to Article 15 and/or Article 16, please see www.treasury.gov/tftp.
1. Should there be a reason why you are not able or willing to provide a copy of your means of identification to ANSPDCP, you can make an appointment to present this document in person. The necessary verifications of your identity will then be made in person at the office of ANSPDCP.