EU signs controversial passenger data deal with US

On behalf of the EU, Günter Burghardt, EU Ambassador to the US and Tom Ridge, Department of Homeland Security Secretary, signed an agreement on the exchange of Passenger Name Record (PNR) information on 28 May 2004. This controversial agreement will enter into force immediately to legalise the current transfer of data of passengers on transatlantic flights to the US authorities. Under the agreement, airlines will provide information about passengers - including name, address, phone number and birth date - to US security officials. The agreement provides for receiprocity in case the EU decides to set up a passenger identification system. 

In a press statement, the US mission to the EU states that the "transfer and use of this data is critical in combating and preventing terrorism and serious trans-national criminal activity. This measure not only improves the security of air travel between the United States and Europe, but also adequately protects the privacy of individual air passengers".

In May, the Commission announced that the deal on handing over passenger data to the US authorities was in accordance with EU laws and the Council gave its green light for the deal to be signed.

The deal is opposed by the European Parliament and human rights groups, who say it does not provide adequate safeguards for individual privacy. Joanna Boogerd-Quaak, EP draftswoman said she will call upon MEPs to take the signed agreement to the European Court of Justice (ECJ) when the Parliament reconvenes in July. "One way or the other, this issue will end up before the European Court of Justice," she said. If the Parliament were to endorse her views and the ECJ were to decide that the deal was not in conformity with EU law, it would have to be renegotiated.