Air data deal: Forum Brief

A controversial EU-US agreement allowing air passenger data transfers to American security agencies is to be tested in the European Court of Justice.

The move follows a Wednesday vote in the European Parliament and privacy concerns over the post-September 11 anti-terror measure.

European Parliament Response

Johanna Boogerd-Quaak MEP (ELDR) told EUpolitix: "I hope that the European Commission will now face up to its responsibilities and immediately begin negotiations on a full-blown agreement which takes into account the European Parliament's concerns."

"There is no time to lose if, as we expect, the court rules in our favour. The commission must also clarify immediately the situation with regard to safeguards against transfers of data to third countries by the US. Parliament has worked very hard over the past year to secure a proper agreement. We are not against an agreement with the US, but we want a proper agreement which provides adequate protection to the privacy of European citizens and ensures proper parliamentary scrutiny".

Forum Response: US Mission to the EU

Jonathan Kessler, transport advisor, US Mission to the EU told EUpolitix: "The US and the European Union are working together in the fight against terrorism.  We have signed an accord on Container Security April 22 in Washington and our senior officials will meet April 26 in a first Transport, Border and Infrastructure Security Dialogue.  Our agreement on airline passenger name records (PNR) is one essential element of our joint counter-terrorism effort.  It is a concrete example of how we working constructively to protect all of our citizens".

 "Given this good progress, we regret that the European Parliament -- in an advisory vote -- narrowly decided to refer the PNR accord to the European Court of Justice.  Our agreement protects the security of all passengers, be they European or American, while respecting rigorous guidelines that ensure individual privacy rights.  Our border officials have already used PNR data provided under the interim arrangement we have with the commission to identify travellers that posed a real threat to the EU as well as the United States.   In that time, from the millions of people that have crossed our borders, we have received less than a dozen expressions of concern, and have responded to all of them."   

"Many of the worries we hear most often about the agreement are based on misunderstandings, and we continue to try to set the record straight. PNR data will be used for strictly limited purposes: for combating terrorism and other serious trans-national crimes, including organized crime. U.S. authorities will not use sensitive data such as meal preferences, and compliance will be subject to review by European authorities.  PNR data is collected from all travellers to the US, including American citizens. While 34 kinds of PNR data may be transferred to U. authorities (the actual amount of data transferred is usually much less), there is no extra burden placed on travel agents, airlines or passengers to fill in information that would not normally be in the PNR record." 

 "We believe the PNR deal we have negotiated with the commission is a good one, and now plan to work with the commission and the Irish Presidency to implement it." 

Forum Response: Immigration Advisory Service

Keith Best, Chief Executive told Eupolitix: "IAS maintains that every state has the right to know the identity of non-state nationals entering its jurisdiction and urges that exit controls should also establish the identity of those who have left."

"Sadly, identity documents have not prevented terrorist outrages in countries that require its citizens to carry identity cards or their equivalent. Such outrages can be perpetrated by citizens as well as non-citizens in a country. The most effective answer to terrorism is better co-operation, investigation and information-sharing between security forces rather than an assumption that visitors to the USA may be prime suspects".

"The transmission of data on persons in respect of whom there is no prima facie evidence of malfeasance or criminality is arguably a breach of their human rights under Article 8 of the European Convention on Human Rights which protects privacy (“There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”) as well as data protection legislation. Even if it is argued that such measures are regarded justifiably by the US authorities as necessary for their national security this would not be the case of EU countries supplying the data to the US authorities."

European Parliament Response

Baroness Sarah Ludford, MEP (ELDR/LD) told Eupolitix: "The US must realise that it cannot ride roughshod over our rights and the commission must respect the views of the EU's directly elected parliament. European data protection watchdogs have pointed out this deal would drive a coach and horses through EU data protection laws". 

“The agreement represents a bad deal for privacy of European citizens and is legally flawed.  I regret that it has come to this, but since the commission reneged on its pledge to subject the agreement to a binding vote in the European parliament, going to court was the only tool available to stop an abuse of executive power."

“In the European Parliament we are in solidarity with the US in combating terrorism.  But any cooperation agreement with the United States must be proportionate. The current deal may be merely a 'fishing expedition' and not really reduce the threat of terrorism. After all, we now know US intelligence services failed to use information they had before 9/11." 

This Forum Brief is part of our service for Forum members. For information on the Forum and how to become a member, e-mail info@eupolitix.com or click on 'About the Forum' below.

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