US air data case ‘misrepresented’ by MEPs

MEPs have heard Washington’s case for transfers of air passenger data to US security agencies through “a fog of prejudice”, an American diplomat said on Wednesday.

Handovers of computerised “Passenger Name Records” have angered the European Parliament amid concerns that the post-September 11 anti-terror measure breaks EU privacy laws.

MEPs on the parliament’s justice committee voted last Thursday that data transfers to the US be referred to the European Court of Justice.

US diplomats are dismayed that the committee failed to listen to Washington assurances on privacy – and American officials argue that some claims made by MEPs are “not true”.

Diplomats are clearly smarting that despite “very extensive outreach” the parliament failed to take on board Washington concessions to EU data protection law.

“Despite our extensive outreach efforts to the committee… the resolution contains some basic misrepresentations,” said a US diplomat on Wednesday.

“We were certainly very disappointed.”

“That is the nature of our disappointment, that… information is ignored.”

MEPs have drafted a negative resolution on a December decision by the European Commission that the information exchanges were “adequate” with EU law.

American officials believe minds on the justice committee were closed – whatever the facts.

“This is something where people have made their minds up, and are voting accordingly, a long time ago,” said a US diplomat.

A Strasbourg session of the full parliament will vote on the issue on March 31 or April 1.

Washington is appealing to MEPs to listen to both the US case for anti-terror measures and American efforts to provide privacy safeguards.

“We are not from different planets,” said the diplomat.

“I think in general if we simply view each other through the fog of prejudice we will seriously damage our ability to cooperate.”

Computerised records have been pulled into American databases for use by US security agencies since March 5 2003.

Details include the names of all travellers, all contact details, telephone numbers, addresses, emails, payment information, bank numbers and credit card data.

The data is regarded as “vital” in the war on terror triggered by September 11 2001’s air-hijack attacks on New York and Washington.

MEPs have claimed European travellers have no legal protection or redress in the case of abuse or disputes over PNR.

“Not true,” said the diplomat.

Washington insists that EU air passengers have full redress under the US Freedom of Information Act.

America has also appointed an “independent” ombudsman, under US Congressional control, to police ‘Homeland Security’ use of the data.

And, say officials, EU citizens can ask their own national data protection authority to take up their case – with a guarantee the US authorities will listen.

The US is relaxed about next week’s European Parliament vote – whatever the outcome.

“Our standpoint is that we have negotiated an agreement,” said the US diplomat.

“Our expectation is that the agreement will continue.”

A commission document notes that whatever the vote’s outcome the parliament’s “resolution would not be binding on the commission”.

MEPs are also sidelined when the EU comes to sign an international agreement with Washington.

A “light” procedure allowing national governments to seal an accord is on the agenda for EU diplomats on March 24.

“The lightest available procedure… would not require the assent of the parliament and [governments] could place a time-limit on its consultation,” commission officials noted in December.

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