EU-US agreement on passenger data has to be renegotiated, say MEPs 

MEPs in the EP Citizens' Rights Committee have, on 17 March 2004, adopted a resolution opposing the transfer of personal passenger data to the United States. They strongly criticised the agreement reached between the Commission and the US on 16 December 2003 which legalises the transfer of 34 elements of personal data from European carriers to the US Customs and Border Protection Bureau (see EurActiv, 17 December 2003). The data includes travellers' addresses, credit card numbers, dates of birth, number of bags carried and size of travelling group.

MEPs do not agree with the Commission that the transfer, as foreseen in the agreement, is compatible with EU laws on data protection. They object to:

• the number of PNR items (34) the US wants to obtain;
• the purposes for which the data might be used (not only for fighting terrorism, but also for fighting "serious crime");
• the lack of redress mechanisms for people who are denied entry to the US on the basis of the information in the PNR records;
• the lack of opportunities for passengers to correct errors in their personal data;
• the fact that a "pull" instead of a "push" system is used to obtain the data, meaning that the US does not have to ask for the data but has immediate access to it;
• the number and kind of agencies that have access to the personal data.

If plenary supports the committee, the Commission will have to renegotiate the agreement.

Officials from the US government consider that the current PNR agreement protects the travelling public and ensures the protection of their personal data. They are seeking to convince the Parliament that the agreement is a good deal for the EU and the US.