US, EU close to signing passenger data accord
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(InfoWorld) - The European Union has reached a preliminary agreement in the long-runningÂ dispute over the handling of personal dataÂ about E.U. citizens flying to the U.S., a European Commission spokesman said Thursday. Franco Frattini, the commissioner for justice and home affairs, together with German Interior Minister Wolfgang Schaeuble and U.S. secretary for homeland security Michael Chertoff, reached the agreement on Wednesday. However, details wonât be made public until after a meeting of ambassadors for all 27 E.U. countries slated for Friday morning, said Friso Roscam Abbing, Frattiniâs spokesman. The ambassadors will have to sign off on the deal, which observers say is likely to happen. U.S. authorities have been trying to use the renewal of a transatlantic agreement permitting the transfer of European air passengersâ data, known as passenger name records (PNRs), to beef up their powers of surveillance of foreigners entering the U.S. Sharing the dataÂ breaches strict European data protection laws, but the European Commission and national governments in the 27 countries in the E.U. negotiated an exemption from the rules in order to allow the U.S. to better protect itself from potential terrorist attacks. That interim agreement was deemed illegal by the European Court of Justice, and the court gave the E.U. until the end of July to come up with a new accord. Failure to do so wouldÂ leave European airlines exposed to massive finesÂ and the possible loss of landing slots in the U.S if they donât continue to hand over the data, or legal action on data protection grounds in the E.U. if they do. Roscam Abbing declined to comment on reports that the political agreement reached Wednesday allows U.S. authorities to hold onto PNR data for 15 years. âWait until the briefing tomorrow,â he said.
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U.S. may decrease the amount of time European passenger data is saved.
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Over 100,000 people a week could be stopped from flying unless the United States and the European Union strike a deal over the provision of sensitive information on passengers, the top industry body said.
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Europe&#39;s top data protection official, European Data Protection Supervisor Peter Hustinx, criticized plans to create a European equivalent of the PNR (passenger name records) gathered by U.S. authorities, questioning the plan&#39;s necessity and proportionality.&quot;The fight against terrorism can be a legitimate ground to apply exceptions to the fundamental rights to privacy and data protection, but only within certain limits,&quot; Hustinx said in a statement on Thursday.&quot;The necessity of intended measures must be supported by clear and undeniable elements, and their proportionality must be demonstrated. These two aspects are essential conditions and they are clearly not fulfilled in this case,&quot; he said.The U.S. introduced PNR gathering in the wake of the terrorist attacks on Sept. 11, 2001. After some initial resistance, the European Union agreed to allow airlines to hand over to American authorities details about passengers flying from the E.U. to the U.S., before a flights&#39; departure.Since then, Madrid and London have been attacked by suicide bombers, stiffening the resolve of European politicians to tighten security further.Last month the European Commission proposed a raft of pan-E.U. antiterrorism measures, including a PNR gathering system for all flights into the E.U. Under the proposed plan, air carriers would be obliged to hand over 19 pieces of passenger information, including the name, address, passport number, credit-card number, and history of changes in any flight schedule. The data would be retained for up to 13 years and be shared between authorities in all E.U. member states.This is very similar to the shape of the PNR agreement reached with the U.S. in June. Airlines have to hand over 19 details about passengers on flights to the U.S., and the U.S. authorities can keep the information for up to 15 years.Hustinx said the E.U. PNR plan would have &quot;a major impact on privacy and data protection rights of air passengers.&quot;He also criticized the agreement for its lack of clarity. In particular, he pointed out that the Commission&#39;s proposal doesn&#39;t say what the applicable legal framework for the plan would be, doesn&#39;t specify which authorities should have access to the data and fails to give rules on transferring passenger data outside of the E.U.Hustinx urged E.U. lawmakers to delay the PNR plan until after the recently agreed Lisbon Treaty comes into force, which is expected within the next year once each member state ratifies it in its national parliament.The treaty would force the Council of national governments to reach agreement with the European Parliament on the PNR plan. Currently the Council can decide on the matter by itselfMany parliamentarians are bitterly opposed to the E.U./U.S. PNR agreement and to the E.U. PNR plan.The European Commission wasn&#39;t immediately available to comment on Hustinx&#39;s comments.
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EU and U.S. officials reached a deal on Wednesday on the transfer to the United States of private data on transatlantic air passengers for use in the fight against terrorism, an EU spokesman said.
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The United States and Europe clinched a deal on Friday giving U.S. law enforcement agencies easier access to personal data on transatlantic air passengers to fight terrorism, ending a legal limbo for airlines.
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Top European and U.S. officials failed   to reach agreement on Monday on replacing a deal to share air   passenger data which is due to expire on September 30, European   officials said.
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European and U.S. security officials were locked in talks in Brussels Monday to replace a passenger data sharing agreement that wasÂ outlawed by a European courtÂ in May.
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(InfoWorld) - The U.S. may be willing to give some ground in a dispute with European regulators over access to trans-Atlantic passenger data, although reaching a compromise before a July deadline remains uncertain. The issue of how long the U.S. holds onto passenger data has been one of the sticking points in the dispute, which threatens airlines' ability to carry passengers to the U.S. without violating U.S. or European law. "I anticipate that there may well be a decrease, and perhaps even a significant decrease, in the amount of time [the passenger data] is retained," said Hugo Teufel III, chief privacy officer for the U.S. Department of Homeland Security, in a meeting with journalists in Paris on Thursday. The U.S. requires airlines to hand over 34 facts about each passenger traveling from Europe, including where and how their airline ticket was purchased. The U.S. says it needs the information to help identify terrorism suspects, but some European regulators have fiercely opposed sharing their citizens' data, citing concerns about privacy. A 2004 agreement on the matter was struck down by the European Court of Justice earlier this year, and an interim agreement will expire on July 31. If a new accord isn't reached before then over the "passenger name records" (PNRs), airlines face being sued in Europe for sharing the data, or being denied landing permission in the U.S. if they do not. "I believe that there will very likely be increased privacy protections with respect to the PNR data," Teufel said on Thursday. "Whether it happens before the end of July or after the end of July is very difficult to say." He cautioned that he is not directly involved in the discussions, and would not elaborate on what the increased privacy protections might be. It was unclear if the concessions had been communicated to the European Union or would prompt it to ease its position. European parliamentarians have also expressed other concerns with the PNR system, including the amount of data being collected and the ways it will be used. A spokesman for Franco Frattini, the E.U.'s commissioner for Justice, Freedom and Security, said it would be inappropriate to comment on Teufel's remarks while the talks are ongoing. "We are in the midst of negotiations," the spokesman said via e-mail. Teufel is a political appointee responsible for privacy policies at the Department of Homeland Security. He was in Europe to meet with privacy representatives in France and Germany to gather feedback and smooth relations between the two sides. He sought to dispel what he characterized as misinformation about the PNR system. The U.S. does not ask about meal choices to identify potential Muslim travelers, he said, calling that "absolutely false." Asked if credit card data is collected, he said: "To my knowledge the department is not pushing for that." He acknowledged theÂ divisions between U.S. and European attitudes to privacy. "I think Europeans are beginning to have a better understanding of U.S. privacy and U.S. privacy laws. I don't think Europeans as a whole have a sufficient understanding now," he said. "I am not surprised when I hear from a European their often-held view that the U.S. has no privacy laws. That's just false. We do have privacy laws, we care about privacy. What we do have is a different approach to privacy and a different approach to government."
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EU and US negotiators make a new effort to resolve a dispute over the transfer of data about air passengers.
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PARIS, Oct. 6 -- European officials agreed Friday to grant more U.S. law enforcement and intelligence agencies easier access to detailed personal data on all transatlantic air passengers, despite concerns over individual privacy and fears that the information could be misused.
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Critics ofÂ last week's agreementÂ allowing European passengers' personal data to be shared with U.S. authorities have just under a month to reshape the accord before it comes into force, said Stavros Lambrinidis, vice president of the European Parliament's civil liberties committee Monday.
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The European Union hopes to reach a new agreement with the United States on sharing air passenger data next week after failing to do so before the previous pact expired, the European Commission said.
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Top European and U.S. officials kicked   off talks on Friday to try to replace an annulled deal on   sharing air passenger data to avoid possible disruptions to air   travel when the arrangement expires on September 30.
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The Christian Science Monitor - The European Union and American antiterrorism officials are close to resolving longstanding differences over sharing personal information about airline passengers.
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EU ministers on Friday backed plans to collect data on air travellers coming to Europe, a move which could force visitors to provide information three times before entering.
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Top European and U.S. officials failed   to reach agreement on Monday on replacing a deal to share air   passenger data which is due to expire on September 30, European   and U.S. officials said.