Passenger Data Deal
October 6, 2006
European Union officials have approved a last-minute deal Friday with the United States providing access to personal information about transatlantic air passengers to US authorities pursuing anti-terror investigations.
"We have a new interim passenger name record (PNR) agreement and this will replace the earlier agreement from 2004 that was annulled," announced Finnish Justice Minister Leena Luhtanen, whose country currently holds the EU presidency.
"This new agreement will provide the possibility of giving data to the US authorities while guaranteeing sufficient data protection," she told reporters in Luxembourg, after nine hours of video conference talks between negotiators.
The data -- including credit card, passport and telephone details -- is made available to US customs authorities, who can log onto airline computers unseen and withdraw dozens of pieces of information at any time.
"We are not talking about more data or more exchanges, we are talking about making easier transmitting data to agencies," EU Justice Commissioner Franco Frattini said.
Friday's compromise fills a legal vacuum, which airlines had said could expose them to breach of privacy suits if they supplied passenger information or cause travel mayhem if they did not.
EU justice and interior ministers must still approve the negotiators' agreement, which they are expected to do during discussions on Friday.
US wants to spread information
The United States has been demanding that more of its law enforcement agencies receive access to personal information for travelers headed to US airports, which Washington said it requires to better combat terrorism.
The data is currently sent to the US customs authorities, but the Department of Homeland Security will now have the authority to share it with other government agencies.
Under a deal reached in 2004, aircraft leaving the European Union for US airports had to provide more than 30 pieces of data about passengers at least 15 minutes before departure or face possible fines or diversion to other airports.
But following a complaint about the agreement based on privacy concerns, Europe's top court ruled this past May that the deal had been made on the wrong legal basis and let the deal expire at the end of September.
The court raised no objection to what information could be gathered and shared but ordered the two parties to come up with a new legal framework.