Observatory
on the exchange of data on passengers (PNR) with USA 
EU-USA
PNR agreement: Letters sent by President Borrell of the European
Parliament Mr
Barroso, President of the Commission and the EU Council
Presidency
on the consequences of the Court case of 30 May on passenger
name records (PNR)
European
Data Protection Supervisor: Comments on ECJ judgment on PNR: "seems to create a loophole in
the protection of the European citizen since it is no longer
assured that data collected for commercial purposes but used
by police are protected by the data protection directive"
EU-US PNR (passenger name record) Treaty annulled by Court of
Justice in case brought by the European Parliament - but is it
a "pyrrhic" victory? Full-text of
Judgment
(pdf) Court
of Justice press release (pdf) The treaty conclusion and Commission
decision have clearly been annulled because (following the opinion
of the Advocate-General, see below) their subject-matter fell
outside the scope of the data protection directive, as they concerned
essentially the processing of data by law enforcement authorities.
The other pleas by the EP, in particular the privacy plea, are
therefore not considered at all (the Advocate-General had considered
them for the sake of argument, but rejected them). The EP has
therefore won a "pyrrhic" victory, as the agreement
will now be replaced either by national agreements, or by a third
pillar agreement with the US. Either way the EP has no power
over approval of the treaty/treaties or even the power to bring
legal proceedings against them. The press may describe this as
a victory for the EP or for privacy but they will be mistaken.
Moreover, there is a risk that if an EU treaty or purely national treaties are signed with the US that the standard of privacy protection could actually be worse than in the original PNR deal. The treaty is still valid for 3 months after being denounced, so access to the airline reservation databases would only be illegal if there are no replacement measures by that point.
Opinion of the Advocate-General of the European
Court of Justice (delivered on 22 November 2005)
EU-ECJ: Opinion
of the Advocate-General of the European Court of Justice (delivered on 22 November
2005) Now avaiable in English (pdf). Case C-317/04: European
Parliament v Council of the European Union on the transfer of
PNR (passenger name record data) to the USA.
EU-USA PNR: The
European Court of Justice has refused to apply the accelerated
procedure to the European Parliament's complaint on the EU-USA
PNR (passenger name record) agreement, so the case will not completed
for two to three years - thus probably not until after the expiry
of the current agreement with the US: Court
judgement
(in French) (30.10.04)
EU-USA PNR
DEAL: Council of the European Union (the 25 governments) get
notice of case in Court of Justice brought by the European Parliament
over the agreement with the USA on PNR (passenger name record):
Note
from Legal Service (pdf). The parliament is also asking the court
to annul the Commission's finding that adequate data protection
is provided in the USA "Undertakings".
PNR - EU-US deal on access
to passenger name records: The "Undertakings of the Department
of Homeland Security Bureau of Customs and Border Protection
(CBP)" were published in the US Federal Register on 6 July.
Federal
Register announcement (pdf) The agreement will not come
in force until (a) enacted by Congress, (b) properly promulgated
as a regulation, under authority of Congress, by a Federal agency,
or (c) ratified by the Senate as a treaty. On the same day, 6
July 2004, the Official Journal of the European Communities (OJ)
published the Commission's Decision on "adequacy of protection"
in the US "Undertakings": EU-OJ
(pdf). On 28 June 2004 the President of the European Parliament,
Pat Cox, formally initiated court action to annul the Decision
of the Commission: Letter
from President of the EP (pdf). Full background and documentation
is given on Statewatch's Observatory
on PNR
Breaking
news, 25.6.04:
European Parliament to go to court over Council and Commission
decisions on PNR data agreement with USA: Press
statement from EP President, Pat Cox
PNR: TransAtlantic
Consumer Dialogue's Resolution on Passenger Name Records: civil
society coalition to send resolution to EU-US Summit meeting
in Dublin on 25 June: Resolution, background
and signatories
EU-US PNR
deal: European Parliament discussing (16.6.04) new court case:
Report
1.6.04: EU-US PNR deal: Signed by USA but Leaders
of the groups in the European Parliament to discuss new court
case on 16 June:
1. Agreed text: EU-US
agreement on access to passenger data (pdf)
2. Commission's
finding of adequacy and the final text of the US "Undertakings"
(pdf)
3. US signs agreement
(link)
4. MEPs
seek challenge to EU-US air data deal (link)
5. Full history and documentation: Statewatch's: "Observatory"
on EU-US PNR deal
10.5.04: EU: Johanna
Boogerd-Quaak MEP, Vice-Chair of the Committee on Citizens' Freedoms
and Rights and rappporteur, calls on the European Parliament
President, Pat Cox, to take steps to ensure the parliament's
position on EU-US PNR "deal" is maintained: Letter
to Mr Gargani, 4.5.04 and response, 5.5.04 (pdf) Letter
to Pat Cox
(pdf)
8.5.04: EU
agree US PNR deal: Report
- European Parliament
by-passed in shoddy deal that undermines privacy and EU data
protection rights
- leading MEPs call for the "Conference of Presidents"
to discuss on 15 June
5.5.04: EU-US PNR: Council
to ignore parliament and go ahead with "deal": Report
4.5.04: EP
rejects EU-US PNR deal by an even bigger majority - new "enlargement"
MEPs back stand against the transfer of personal data to the
USA: Report Tony Bunyan, Statewatch
editor, comments:
"The Commission, the EU governments and the US Mission in Brussels were counting on the MEPs from the ten new Member States to reverse the two previous votes in the parliament - instead the majority against the "deal" increased. This is good news for civil liberties and for democracy."
30.4.04:
European Parliament bounced into third vote. The Parliament
has already passed a resolution opposing the agreement on the
exchange of passenger data with the US (31.3.04) and voted to
go to the European Court of Justice for an opinion on the legality
of the Treaty (21.4.04). Fearing an ECJ ruling against the Treaty,
the Council (member states) has simply demanded the that EP vote
again, invoking an "urgency procedure" in an attempt
to overturn a majority of just 16 in favour of legal action.
MEPs will now come under tremendous pressure in advance of the
vote on Tuesday morning (4 May 2004). "How many times
will we vote? Until we give the right answer?", they
ask. Tuesday's vote will also include unelected MEPs from
new EU countries – raising fears that inexperienced and
unaccountable parliamentarians will bow to government pressure.
See report from eupolitix.com.
23.4.04: EU-US passenger
name record (PNR) deal - where now? Report
21.4.04: European
Parliament votes to go to court: 12.00 Wednesday. Plenary just voted
276 in favour, 260 against, 13 abstentions to refer the PNR agreement
to the ECJ for opinion under Article 300(6): Report
20.4.04: European
Parliament debate taking the Commission to court on EU-US PNR
deal: Report
16.4.04: EU-US PNR (passenger name record) "deal"
to go for a second vote in European Parliament: Report
6.4.04: uropean
Parliament Legal Affairs Committee: Vote to go to the European
Court of Justice to challenge Commission finding of "adequacy"
on the proposed EU-US deal on transfering passenger data to the
USA. The Committee voted in favour by 16 votes to 12 with
no abstentions. The PSE (Socialist), Green/EFA, GUE (United Left),
ELDR (LIberals) and Radical groups voted in favour. The PPE (Conservatives)
voted against.Mme Boogerd Quaak (ELDR), Mme Paciotti (PSE) and
Mr Cappato (Radicals) intervened strongly in favour of asking
for the opinion of the court.
6.4.04: The European
Parliament's Committee on Citizens' Freedoms and Rights today
(6.4.04) rejected the proposed formal agreement, proposed by
the European Commission, for the passing of passenger data (PNR)
to the USA. The report by rapporteur, Mme Boogerd-Quaak was adopted:
Full-text
of report
(link) with one amendment: Text
of amendment
(link). The Commission proposal,
draft agreement with the USA: Full-text
(pdf). The
PSE (Socialist), Green/EFA, GUE (United Left), ELDR (Liberal)
and Radical groups voted in favour - the PPE (Conservative group)
voted against.
The parliament's Foreign Affairs Committee today voted narrowly to reject an opinion drafted by its President, Mr Brok, proposing acceptance of the international agreement with the USA on PNR.
EU: Full-text
of the Resolution adopted by the European Parliament at its plenary
session on 31 March 2004 opposing the transfer of passenger data
(PNR) to the USA and reserving the right to take the issue to
the European Court of Justice: EP Resolution (pdf)
31.3.04:
European Parliament voted 229 votes to 202, with 19 abstentions
to back a Resolution opposing the transfer of passenger name
records (PNR, personal data) to the USA. The parliament refers
back the Commission's finding that the "Undertakings"
given by the USA are "adequate" and reserves the right
to take the matter to the European Court of Justice. The PPE
(Conservative group) opposed the Resolution. The PSE (Socialist
group) backed the Resolution - but some PSE national delegations,
including that from the UK Labour Party - joined the PPE in opposing
the Resolution. The key points adopted are:
a. the Commission
has exceeded its executive powers
b. Calls upon the Commission to withdraw the draft decision
c. reserves the right to appeal to the Court of Justice should
the draft decision be adopted by the Commission; reminds the
Commission of the requirement for cooperation between institutions
which is laid down in Article 10 of the Treaty
1. Resolution
adopted by the European Parliment on 31.3.04 on transfer of data
to USA (pdf)
2. The draft agreement with the USA: Full-text (pdf)
3. Commission
finding of "adequacy" plus US "Undertakings"
(pdf)
4. For the full background see Statewatch's Observatory
on PNR
European Parliament vote
on PNR (passenger name record) EU-US deal: A US diplomat is quoted
as saying: "We would have no problem with US airlines handing
information over to the EU" - does this mean US airlines
will hand over personal data on everyone, including US citizens
flying to the EU? See: eu.politix.com
(link) and another story saying that the parliament has "mispresented"
the US case: eu.politix.com
(link). At the same time COREPER (the committee of permanent
representatives of the 15 EU governments in Brussels) is set
to agree the draft agreement with the USA: Full-text
(pdf). For the full background see Statewatch's Observatory
on PNR
European
Parliament: EU-US PNR agreement: Rapporteur, Johanna Boogerd-Quaak
(Vice Chair of the Committee on Citizens' Freedoms and Rights)
responds to Elmar Brok's letter (below), see: Full-text
of letter
(pdf)
European
Parliament: pro-US pressure put on MEPs prior to plenary vote
on 30 March on EU-US passenger name record (PNR) agreement. The
chair of the parliament's "Delegation for relations with
the USA" has circulated a note from the European Commission
pointing out the consequences of passing a critical Resolution:
Text
of letter
(pdf). Elmar Brok, chair of the Foreign Affairs Committee has
written to the chair of the Citizens' Freedoms and Rights Committee
backing the "deal" and saying - contrary to the report
on the table and every report from the EU's Article 29 Data Protection
working party - that there is the right "balance" between
security and the protection of civil liberties: Brok
letter
(pdf) See: European Parliament committee adopts highly critical
report on EU-US passenger name record data (PNR): Report
and documentation
European
Parliament committee adopts highly critical report on EU-US passenger
name record data (PNR): Report and documentation
EU leads call for global
agreement on the exchange of passenger data (PNR): Report
EU draft Decision
on the "adequacy" of the US "Undertakings"
on access to PNR: Full-text
and analysis
"Privacy
is one of the basic values of human life and personal data is
the main gateway enabling entry into it. The citizens of countries
that experienced a period of totalitarian regimes have that a
hard experience - when privacy was not considered of value and
was sacrificed to the interest of the state" (Hana Stepankova,
Czech Office for Personal Data Protection, on handing over personal
passenger data to the USA, Prague Post, 11.12.03)
EU planning
to nod through use of PNR data for use by CAPPS II: Report
and documentation
2.2.04: EU's
data protection working party produces damning report on EU-US
exchange of passenger data: Report and documentation
2.2.04: Statewatch special:
Full-text of EU-US
agreement on the transfer of personal data: EU-US
agreement
2.2.04: Privacy
International report on transfer of PNR data to USA: Press
release and report
Report on Transfers
of Air Passenger Data to the U.S. Department of Homeland Security
Negotiations by the European Commission described as "systematic
deception and subterfuge"
EU: Belgian
Privacy Committee supports MEP's complaint on illegal transfer
of personal data to USA: Finding
EU-USA PNR
agreement: ACLU
letter to EU Commissioner Bolkestein - Northwest Airlines Privacy
Violations
The US-VISIT
Program, Increment 1, Privacy Impact Assessment (dated
18.12.03) (pdf)
Communication on
Transfer of Air Passenger Name Record (PNR) Data: A Global EU
Approach (16.12.03, pdf)
Commission
did agree that PNR data can be used for CAPPS II testing, but
the question is why? Report and analysis
- contrary to Mr Bolkestein's claim a whole host of US agencies
will have access to the data
- lifetime travel dossiers to be created and held for 100 years
on every traveller
USA to use EU PNR data
for CAPPS II testing despite assurances no agreement covering
it: Report
EU: Commission
"compromises" and agrees on handing over passenger
data to USA: Report and documentation
- EU-USA collusion
heralds global imposition of the surveillance of travel
- "The EU cannot refuse its ally in the fight against terrorism"
(EU Commissioner Bolkestein)
- The EU's Data Protection Article 29 Working Party: "declined
to adopt or approve the text, on the grounds that the transfer
of PNR to the US are in any case illegal and nothing should be
done to blur that fact"
- EU law enforcement agencies want complete exemption from data protection
"What is quite unforgivable is that the European Commission thinks that the EU-USA deal - with a state which has no data protection laws and no intention of adopting them - is a better basis for a global demand than the EU's data protection laws which have served as a model for for many countries around the world." (Tony Bunyan, Statewatch editor)
EU: Form of deal on handing
over passenger data to USA in doubt: Report
Further evidence
from Statewatch on proposed Directive on aircraft passenger data:
October
2003
Evidence
on proposed Directive on aircraft passenger data: Evidence to
the Select Committee on the European Union, sub-committee "F":
Proposed Directive on aircraft passenger data: September
2003
(10.11.03) EU: MEP tables formal complaint on transfer
of personal data to USA: Report
(10.10.03): EU Parliament wants to halt air passenger
data transfer to USA: Report and Resolution
but EU Commissioner, Mr Bolkestein hoping for "deal"
derogating from EU data protection standards to allow USA access
European
airlines are handing PNR data over to US Customs - Evidence from
Spain:
See: Spanish: www.ugr.es/~aquiran/cripto/novuelan.htm
See: English: http://www.ugr.es/~aquiran/cripto/nofly.htm
A. List of 43 categories of PNR (personal data)
wanted by US on every passenger: List
of categories
B. Data recorded by Iberia, data sent to Amadeus,
PNR data and ticketing data held on Arturo Quirantes Sierra:
1: data in Iberia.com
(profile 1)
2: data in Iberia.com
(profile 2)
3: data in Amadeus
(profile 1)
4: data in Amadeus
(profile 2)
5: PNR - Reservation
Record (legend)
6: PNR - Booking Record
(legend)
7: PNR data - Madrid-New
York flight
8: PNR data - Granada/Madrid
flight
9: ticketing data
EU
tells USA to stop making new requests to airlines for personal
passenger data
(Statewatch: filed 4.10.03) Includes letter from Bolkstein to
Tom Ridge.
European
Parliament report opposes giving passenger data to USA without
strict data protection safeguards - and says if these are not
met by 1 December all data transfers should stop: Statewatch
report
European
Commission tells USA that demands for access to data on airline
passengers breaches EU Data Protection Directive - but hints
at a deal that would "fudge" the issue: Statewatch
report
Full-text
of Mr Bolkstein's speech in the European Parliament on 9 September
2003: Speech (pdf)
Text of Commissioner Bolkstein's letter to the USA (thanks
to Edward Hasbrouck): Text
EU airlines
allowing access to all personal details on passengers by US authorities:
Report
EU working
party on data protection highly critical of proposed deal on
US access to passenger data: Report
EU: Major
commercial associations express strong concerns about plans for
data retention: Report
EU: Campaign
launched against the illegal transfer of European travellers'
data to the USA: Report
Massive majority
in European Parliament against deal with US on access to passenger
data: Full
report, resolution and amendments and verbatim debate
European
Parliament resolution on airline passenger data gains wide support:
Report
European
Parliament committee to hold emergency session on the transfer
of personal data to USA: Report
Direct access
to personal details of EU passengers: How US Customs bounced
the European Commission into a quick decision: Report
EU
data protection chair calls for US access to passenger details
to be postponed: Report
EU Working
Party on data protection report on passenger data access by USA:
Report
"it does
not seem acceptable that a unilateral decision taken by a third
country for reasons of its own public interest should lead to
the routine and wholesale transfer of data protected under the
directive"
US Customs
to have direct access to EU airlines reservations databases:
Report
European
Commission caves in to US demands for airline and shipping passenger
lists: Report
EU-US: US
demands EU airlines and ships provide passengers list - UK is
first EU government to back US scheme: Report
Google search for Statewatch's
coverage of: Data
protection and PNR
(Passenger Name Record) (link)
Official documents
EU
a. European Union code of conduct for computerized reservation
systems (Council Regulation (EEC) No. 2299/89, 24 July 1989:
Full-Text
b. European Parliament adopted strong resolution on exchange of passenger data (PNR) with USA: EP-PNR (pdf)
USA
a. USA Department
of Transportation regulations governing computerized reservations
systems (Note that although Notices of Proposed Rulemaking are
pending under all four docket numbers below, neither the current
regulations nor any of the proposed revisions include any consumer
privacy
protection provisions): http://www.access.gpo.gov/nara/cfr/waisidx_03/14cfr255_03.html - Current regulations, "Carrier-Owned
Computer Reservations Systems", 14 C.F.R. 255
b. Notice of Proposed Rulemaking, Docket No. OST-1999-5888 c. Notice of Proposed Rulemaking, Docket No. OST-1998-4775
d. Notice of Proposed Rulemaking, Docket No. OST-1997-3014 e. Notice of Proposed Rulemaking, Docket No. OST-1997-2881
US
information thanks to: Edward Hasbrouck edward@hasbrouck.org
website: http://hasbrouck.org
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