New deal broadens scope on sharing EU air passenger data with US

THE EU has agreed to hand over airline passenger data to an unlimited number of US agencies in a new deal thrashed out during a nine-hour conference.

The passenger name records (PNR) agreement, reached two years ago as part of the fight against terrorism, was struck down by the European Court of Justice this summer over legal process rather than content.

The US made new demands from the Europeans which included that the data would be handed over before flights left for the US and that they would not have to name the agencies to which the information was going.

This was resisted by the EU, negotiating on behalf of the member states, but the compromise reached gives the US permission to distribute it to whomever they choose.

It is believed the US had tacit permission to distribute the data to more than 100 agencies including the FBI, the CIA, the Treasury and the Immigration and Naturalisation Service as well as to third countries.

But now the Homeland Security Department will decide who it goes to and under the new agreement will not have to make extensive checks on why they want the information.

Justice Commissioner Franco Frattini said the US gave undertakings that they would give it only to agencies that had comparable levels of data protection to the EU.

“We are talking about making it easier to transmit data. We accept disclosure of data to other agencies provided that they have comparable standards of data protection,” he said.

The EU’s chief negotiator Jonathan Faull said the US had given undertakings on how the data would be used, by whom and how long it would be kept.

“We can be sure that all the American agencies provide an acceptable, satisfactory system of data protection. Not exactly the same as ours but of equivalent value,” he said.

The current system where the US accesses the information from airlines’ data bases will continue for the moment but will eventually be replaced with a push system where the information will be sent to the US.

They will continue to take the 34 pieces of information including travel history and credit card numbers rather than the 46 pieces of data demanded by the US initially two years ago. They will continue to keep it for up to three-and-a-half years.

The EU has agreed that under the new agreement the information will be available up to 72 hours before departure.