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L’UE autorise le transfert de données des passagers aériens vers les États-Unis

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Publié 19 avril 2012

Jeudi (19 avril), les législateurs européens ont approuvé un accord autorisant les autorités américaines à collecter et stocker des données sur les passagers aériens voyageant de l’Europe vers les États-Unis. Cette décision a mis fin à des années de résistance à tout accord allant dans ce sens.

A majority of members in the European Parliament approved a revised agreement on sharing flight passengers' data with the US authorities, who have agreed to mask out passengers' names and contact details after six months.

The data will then be kept for up to five years, after which point it will move to a 'dormant' database for 10 years more.

The Parliament vote cleared the last hurdle for the data sharing deal after member states and the Parliament's Civil Liberties committee had previously approved an amended version of the bill.

EU Home Affairs Commissioner Cecilia Malmström said the agreement provides stronger protection for the right to citizens' privacy as well as more legal certainty for airlines.

"At the same time, it fully meets the security needs of the United States of America and the EU. Under the new agreement, data of passengers travelling to the United States of America will be used to fight serious transnational crime and terrorism," she said in a statement.

The European Parliamentary approval marks a shift in EU resistance to sharing citizens' information with US authorities.

Members of the parliament have battled for more than five years to scale back agreements that allow the United States to access and store the data of air passengers, arguing that it is an invasion of privacy that can lead to false arrests.

Prior to departure airlines must make the data available to US authorities, including the names, addresses, credit card details and seat numbers of the travellers.

Critics of the agreement say passenger data has not helped US authorities catch suspected criminals or terrorists but the Department of Homeland Security insists the data is needed to conduct criminal investigations anyway.

Réactions : 

Guy Verhofstadt, leader of the Liberal group in the European Parliament (ALDE), criticised the agreement for falling short of EU standards on data privacy.

"Liberals and Democrats strongly believe that this new agreement does not meet the minimum criteria outlined by the Parliament in 2011 and that it is not in line with EU legislation on data privacy," said Verhofstadt.

Sophie in't Veld, a Dutch Liberal MEP from Verhofstadt's group who steered the PNR report through Parliament, distanced herself from the final agreement. "In politics we make compromises but some things are not negotiable such as fundamental rights and respect for EU law. Apparently the European Parliament believes Transatlantic relations are more important than the fundamental rights of EU citizens."

"It is disappointing that after nine years of negotiating with our closest friends and allies, the US, we only got an agreement that gets reluctant support from a divided House," in't Veld added.

William E. Kennard, the US Ambassador to the EU, applauded the agreement, saying PNR data had already aided almost every high profile terrorist investigation in recent years on American soil. "Today’s vote reaffirms the shared commitment of the United States and the European Union to the security of the traveling public," he said in a statement, adding that the PNR agreement will also provide legal certainty for airlines.

European Data Protection Supervisor Peter Hustinx had expressed concern about the EU-US agreement when EU ministers approved the PNR deal in December last year.

"Any legitimate agreement providing for the massive transfer of passengers' personal data to third countries must fulfil strict conditions. Unfortunately, many concerns expressed by the EDPS and the national data protection authorities of the member states have not been met. The same applies to the conditions required by the European Parliament to provide its consent," Hustinx said on the new data transfer deal.

Hustinx had a number of reservations and found the 15-year retention period excessive.

“Data should be deleted immediately after its analysis or after a maximum of six months,” reads the EDPS opinion, which also stresses the air passenger data should be used only to combat terrorism or a well-defined list of transnational serious crimes.

Prochaines étapes : 
  • The amended PNR agreement will now be transmitted for a formal endorsement by  member states in the EU Council of Ministers.
EurActiv.com with Reuters
Contexte : 

Passenger name records (PNRs) refer to information provided by passengers and collected by air carriers in order to process reservations and check-in.

Such data have been used for almost 60 years by customs and law enforcement authorities around the world. However, only recently has technological development allowed for advanced electronic transmission of the data. This makes the information an even more useful tool to fight serious crime, including terrorism.

The European Commission recently issued a communication setting out the general principles of a PNR agreement with third countries.  

According to the paper, the agreement should be used exclusively to fight terrorism and serious transnational crime, and should be limited to what is necessary for that purpose. This should be clearly listed in the agreement.

Responding to a request by the Council, the Commission also tabled in February 2011 a proposal for an EU PNR system for protection against terrorist offences and serious crime.

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