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Les ministres adoptent un accord sur le PNR controversé

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Publié 24 juillet 2007
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Les ministres européens des affaires étrangères ont approuvé le 23 juillet 2007, dans le cadre de la lutte contre le terrorisme, un nouvel accord autorisant le transfert vers Washington de données concernant les passagers européens voyageant entre les Etats-Unis et l'UE.

On 23 July, foreign ministers approved a long-term agreement, allowing the transfer by air carriers of private passenger data to US counter-terrorist agencies.

The pact, which was being re-negotiated because the European Court of Justice found it failed to protect EU passenger privacy, limits the number of data that airlines must pass on from 34 to 19. 

These include passengers' names, travel dates and itinerary, billing data and baggage information. "Sensitive" PNR data, such as racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, and data concerning the health or sex life of the individual can also be used, for limited periods, in exceptional cases "where the life of a data subject or of others could be imperilled or seriously impaired".

Réactions : 

In a joint statement, EU foreign ministers said: "The EU welcomes the new agreement which will help to prevent and combat terrorism and serious transnational crime, whilst ensuring an adequate level of protection of passengers' personal data in line with European standards on fundamental rights and privacy." 

The Association of European Airlines (AEA) described the agreement between the EU and the USA on the transfer of passenger data as "a very welcome development".

AEA Secretary General Ulrich Schulte-Strathaus said: "Since 9/11, the USA has understandably sought to protect its citizens by tightening security, and one means has been to require airlines to provide data on arriving passengers in advance of travel.  The EU has – just as understandably – been anxious to uphold the rigorous privacy rules with which it protects its citizens."

"We have always been confident that agreement would be reached," he said, "because the consequences of no agreement are unthinkable."  Airlines in breach of US rules could be liable to fines of $6000 per passenger, and could have their US landing rights withdrawn.  He applauded the EU German Presidency of the EU for taking the initiative to conclude a deal well in advance of the expiry deadline for the current agreement, at the end of July.

European Data Protection Supervisor Peter Hustinx had written to the Commission expressing "grave concern" at the plan, which he describes as "without legal precedent" and one that puts 'European data protection rights at risk'.

He warned: "Data on EU citizens will be readily accessible to a broad range of US agencies and there is no limitation to what US authorities are allowed to do with the data...I have serious doubts whether the outcome of these negotiations will be fully compatible with European fundamental rights, which both the Council and the Commission have stated are non negotiable."

Prochaines étapes : 
  • Portuguese Foreign Minister Luís Amado, whose country holds the rotating six-month EU Presidency, said that the European Commission will make proposals in the Autumn on the mechanism for monitoring the implementation of the agreement, which will then be discussed by the "appropriate preparatory bodies".
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Contexte : 

Following the 11 September 2001 terrorist attacks, the United States demanded that its security agencies have access to the personal information provided by passengers when booking a plane ticket, including their names and addresses, as well as information about their credit cards, email addresses, telephone numbers and hotel or car reservations - Passenger Name Records (PNR). 

Airlines that refused to provide the requested data were threatened with a withdrawal of their US landing authorisation. 

A first agreement was thus signed in May 2004 , allowing the US to access 34 different pieces of information. But, following a complaint from the European Parliament, it was ruled illegal by the European Court of Justice two years later, on the basis that it failed to protect travellers' fundamental rights and was not "founded on an appropriate legal basis". 

Since the US maintained their threat to non-compliant airlines, a new deal had to be concluded rapidly to avoid a legal vacuum that would have caused chaos in EU airports. 

Continuing disagreements over the amount of information that should be transferred and how long it should be kept prevented negotiators from concluding a permanent agreement. But an intermediary scheme, valid until 31 July 2007, was agreed in October 2006 in order to keep up the transatlantic connexion (EurActiv 06/10/06). Since then, the two sides have met regularly in order to find a longer-term solution.

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