EU, US close to new passenger data deal
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The European Union and the United States are close to finalising an agreement on the exchange of data about European air travellers, German Interior Minister Wolfgang Schauble said Tuesday.
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WASHINGTON/BRUSSELS  - U.S. and European negotiators failed on Saturday to reach a deal to share air passenger data before an existing pact expired, but both sides said they would try to reach an agreement quickly.
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The European Union reached an agreement with the United States Friday on the sharing of data on trans-Atlantic air passengers, diplomats said.
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The EU and the United States have  reached a preliminary deal on how U.S. authorities can consult  data from the international banking network SWIFT in  anti-terror investigations, an EU spokesman said on Wednesday.
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European companies would be allowed larger stakes in U.S. airlines under a tentative agreement reached yesterday between the United States and European Union. It also would give carriers more freedom to choose trans-Atlantic routes, potentially leading to lower fares.
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Talks aimed at reaching a deal on sharing airline passenger information between the US and EU states break down.
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European airlines entered a legal limbo over the weekend as a data-sharing agreement between the U.S. and the European Union expired with no resolution. The agreement shielded airlines from stringent EU data-privacy laws.
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The European Union and the United States on Wednesday struck two deals designed to ensure U.S. access to private and bank data in its war against terrorism while trying to allay European privacy concerns.
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Business as usual despite legal limbo European Union and US negotiators have failed to reach a deal on sharing passenger data by Saturday's (30 September deadline), creating a legal vacuum over the Atlantic.â¦
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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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The European Union and United States agreed on Friday to the outlines of a new pact to open transatlantic aviation markets, smoothing over a rift on airline ownership in the hope of boosting traffic and creating jobs.
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The European Union said Wednesday it expects tough negotiations with the United States on a new trans-Atlantic security agreement on airline passenger information.
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(InfoWorld) - 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. "There is aÂ battleÂ to make this agreement respectful of European citizens' civil liberties, and it's not over," he said in a telephone interview. The European Parliament has no direct say in the shaping of an agreement that will give U.S. customs, the U.S. Department of Homeland Security and other agencies including the U.S. Central Intelligence Agency free access to airlines' passenger databases to help them prevent potential terrorist attacks. However, some national parliaments will get the chance. "There are about six or seven countries that have to debate this agreement. There is still a chance to change it," Lambrinidis said. The U.S. government demanded access to information about everyone flying to the U.S. from the E.U. in the wake of the terrorist attacks in September 2001. However, by complying with the demand, airlines would have been breaching strict European data protection laws, so the U.S. and E.U. drafted an exemption clause from the laws, which they claim was respectful of European citizens' data. The European Court of JusticeÂ annulled that agreementÂ last year and gave the two sides until the end of this month to come up with an alternative. Failure to do so would leave European airlinesÂ exposed to massive finesÂ and the possible loss of landing slots in the U.S if they don't continue to hand over the data, or legal action on data protection grounds in the E.U. if they do. "It's clear that there has to be an agreement but not one like this," Lambrinidis said. The agreement that was reached during a phone call between German Interior Minister Wolfgang Schaeuble, E.U. justice and home affairs commissioner Franco Frattini and U.S. Secretary for Homeland Security Michael Chertoff last Wednesday reduces the fields of data to be shared from 34 at present to 19. These fields include information such as name, credit-card details and travel itinerary. They won't include dietary requirements, which could be used to identify someone's religion. However, it extends the length of time the U.S. authorities can hold the data from three years to 15 years, and it allows U.S. agencies to dip into the databases at their will. In an interview last week, Europe's data protection supervisor, Peter Hustinx, said his main concern was that the E.U. would grant American agencies the right to pull up information about Europeans whenever they want. He called for a push mechanism, meaning that database managers for the airlines would have to pass over the data, instead. Like the temporary accord it replaces, the new agreement promises an eventual switch to a push mechanism. Under the new agreement, U.S. agencies can pull up the data they want until early next year, when airlines will start pushing it instead. However, the DHS maintains the right to pull the information if airlines don't offer up the data promptly. The main concern, however, is that the agreement omits any binding undertakings for U.S. authorities to safeguard European citizens' data. The details of this arrangement aren't in the agreement itself but in an exchange of letters that haven't been made public, Lambrinidis said. Reacting to the agreement last week, Hustinx said he fears the measure could violate European citizens' rights to privacy. In addition to allowing U.S. authorities to keep the data for 15 years, there would be "no limitation to what U.S. authorities are allowed to do with the data," Hustinx wrote in a letter to Schaeuble on Wednesday after the German minister clinched the deal.
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The United States has sent to the European Union a draft agreement on the transfer of airline passenger data after negotiations to avert a showdown that could have paralyzed transatlantic traffic.
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U.S. Treasury officials will be able to keep data on financial transactions collected in anti-terror investigations for only five years under a deal with the EU to safeguard privacy rights, EU officials said Thursday.
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The United States and the European Union failed to meet a Saturday deadline to conclude a permanent new agreement on the sharing of airline passenger data, an issue that has raised serious privacy concerns in Europe. But both sides said talks will continue and flights will not be affected.
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EU and US negotiators make a new effort to resolve a dispute over the transfer of data about air passengers.