EurActiv Logo
EU news & policy debates
- across languages -
Bulgaria News
Turkey News
Germany News
Spain News
France News
United Kingdom News
Poland News
Czech Republic News
Slovakia News
Hungary News
Romania News
Serbia News
Greece News
Italy News
Bulgaria Turkey Germany Spain France United Kingdom Poland Czech Republic Slovakia Hungary Romania Serbia Greece Italy
EurActiv.com Network

BROWSE ALL SECTIONS

US presses EU to share airline data in anti-terror drive

Published 15 May 2007 - Updated 08 June 2007
Printer-friendly versionSend to friend

Top US security official Michael Chertoff has urged MEPs to drop their opposition to a new deal with Washington on sharing private passenger data with US counter-terror agencies, insisting that it is critical to the fight against terrorism.

US Homeland Security Secretary Michael Chertoff visited the European Parliament on 14 May 2007 to convince MEPs that gathering private data on passengers flying from Europe to America is crucial in fighting terrorism. 

However, the MEPs in the Civil Liberties Committee continued to doubt US methods. 

At the heart of discussions are the questions of how long US authorities should be able to use data about passengers, when it should be destroyed and which government agencies should have access to the sensitive information. 

Chertoff wants the new agreement to allow the US to hold onto the information longer than under the current deal – three-and-a-half years for data that has not been accessed and eight years for other data – arguing that terrorists plan their plots over several years. 

He also wants counter-terror agencies to be able to access the information directly from airline computers. European countries, on the other hand, insist airlines must transmit the information themselves and that it may only be disclosed to US law- enforcement agencies for use in anti-terror investigations if those agencies have similar data protection standards to the EU. 

They also want the data to be made anonymous unless it matches a profile in a terrorist database. 

The summer deadline now looms and, without an agreement, European airlines will be forced to choose between facing lawsuits in Europe for breaching EU data-privacy rules or being fined up to €4,700 or denied landing rights in the US for refusing to pass on information. 

Positions: 

Speaking to the MEPs in the Civil Liberties Committee on 14 May, US Secretary of Homeland Security Michael Chertoff said: "We are collecting data because it has proven time and time again to keep dangerous people out of the country." 

He claimed that, had such a system of data collection been in place before the 9/11 terror attacks, 11 of the 19 plane hijackers could have been identified "at minimal cost to civil liberties". 

"It is difficult, in the face of that clear, tragic lesson of history to abandon a tool which, at minimal cost to civil liberties, has a tremendous potential to save lives," he said, urging "civilised countries" to "respect each other's privacy laws" and stressing that traditional legal and policy tools are not suited to dealing with the new terrorist threats of the 21st century. 

"We are all safer if we operate in a world in which intelligent use of information allows for more focused efforts in determining who is a threat," he said. 

Dutch Liberal Sophia in 't Veld (ALDE), author of a Recommendation to the Council on a negotiation strategy for a passenger data agreement with the US, warned that there had been no trustworthy evaluation of the efficiency of such measures, just "anecdotes", adding that it was not the information that was missing in the US to prevent the 9/11 attacks, but the capacity of secret services to use this information. 

She also expressed dissatisfaction at the fact that EU citizens have the protection of the US Privacy Act only because of "an administrative favour that can be recalled at will, and not through a legislative act", and called on the German Presidency and the Commission to conclude an agreement "that reflects American as well as the EU legal principles and interests, instead of imposing unilaterally US standards and wishes". 

German EPP-ED MEP Herbert Reul nevertheless reminded MEPs that the time for negotiating the next PNR agreement was running out and that a positive outcome was critical. 

Next steps: 
  • 31 July 2007: the interim agreement on PNR will run out, raising pressure to reach a new agreement. 
Background: 

Following the 11 September 2001 terrorist attacks, the United States requested access to the personal information that passengers provide when booking a plane ticket, including their names and addresses, but also 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 landing authorisation. 

A first agreement was 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. 

An intermediary scheme was agreed to in October 2006 (EurActiv 06/10/06), but it will expire in July 2007. Negotiations for a new deal are now under way. 

More on this topic

More in this section

Advertising

Advertising

Advertising