Europe preps for battle with U.S. over traveler data
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(InfoWorld) - The European Parliament has delayed a vote on how to react to the U.S.' growing appetite for personal information about European citizens, in order to intensify its opposition. The delay follows a debate Wednesday evening in which the two other European Union lawmaking institutions both hardened their positions on the sensitive issue. The groups are drawing up a strategy for how toÂ renegotiate an agreement, over which they have been divided, with the U.S. over theÂ transfer of European air passenger data. The Parliament opposed the original agreement reached in 2004 to share the data -- 34 facts about every European entering or transiting through America by air, including credit card details and information about how and where a plane ticket was purchased. Even though the European Commission -- the E.U.'s executive branch -- and national governments in the 27 E.U. countries support strict European data protection laws, they negotiated an exemption from the rules in order to allow the U.S. to better protect itself from potential terrorist attacks. The European Parliament took the Commission and the Council of Ministers to the European Court of Justice over the passenger data agreement and forced a re-drafting of the law late last year. This agreement expires at the end of July and the E.U. will soon have to renegotiate the deal. While the Parliament is unlikely now to call for the complete scrapping of the agreement, it may well demand a shorter list of categories of data to be handed over. It may also demand that only U.S. immigration officials be granted access to the information. In a debate at the European Parliament Wednesday, Germanyâs deputy foreign minister, Guenther Gloser warned that negotiations with the U.S. will be âtortuous.â Germany holds the six-month rotating presidency of the 27-nation bloc. The European commissioner in charge of justice and home affairs issues, Franco Frattini told Parliamentarians that he has demanded an explanation from his counterparts in Washington D.C. about an apparent misuse of Europeansâ data that flouts both the original passenger rights' agreement as well as its replacement agreed last year. Frattini's concerns focus on the U.S. Automated Targeting System, which has been assessing millions of people since 2002. Some members of the U.S. Congress and privacy advocates believe the program is even illegal under the more lax U.S. data protection laws. "The right to privacy for me is nonnegotiable. It has to be respected," Frattini told the parliamentarians. Frattini's and Gloserâs speeches took many members of the Parliament by surprise, according to one Parliament official actively involved in civil liberties issues. "The MEPs were due to vote on an agreed position regarding the new round of negotiations with the U.S. today, but they have agreed to postpone the vote until the next plenary session in Strasbourg," she said, asking not to be named. The next plenary session is Feb. 12-15. "There is a mixture of joy and skepticism among the parliamentarians after hearing the strong language expressed in defense of Europeans rights to privacy," she said. "It would seem that the Commission and the Council of Ministers are both coming around to the Parliament's way of thinking on this urgent issue." The text is likely to take an even stronger line as a result of the delay, she said. The U.S. has threatened to fine airlines that fail to hand over the records, and to strip them of their landing rights in the U.S. Without any agreement, the airlines will be put in a difficult position: punished if they don't hand over the information, or sued for breaching European data protection laws if they do.
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LUXEMBOURG -- U.S. and European negotiators reached an interim deal Friday on sharing trans-Atlantic air passenger data for anti-terrorism investigations, concluding arduous talks that highlighted divisions over privacy rights.
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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 latest agreement allows many more U.S. government agencies to access data about passengers flying to the U.S. from Europe, including details such as a passenger's name, address and credit card 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 European Commission proposes co-ordinated anti-terror measures targeting flight data and the web.
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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 which Washington says is needed to help fight terrorism, diplomats said.
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Europeans travelling to America could face tighter travel restrictions, US head of homeland security says
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The European Union reached &quot;understanding&quot; Friday on how to transfer personal information about passengers flying to the United States for use in Washington&#39;s &quot;war on terror&quot;, EU officials said.
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The European Union hopes to reach an  agreement with the United States next Friday on a new pact on  sharing airline passenger data, the European Commission said on  Sunday.
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The US authorities have access to 34 pieces of information on every passenger travelling from the European Union.
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Department of Homeland Security implements data-mining system for passengers traveling to the U.S.
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Software on the Seine, anyone? Backup in Budapest? VTL from Vienna? And why not. Europeans have far more experience when it comes to dealing with data regulatory issues than we do.
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The European Union is set to yield to U.S. demands to give law enforcement agencies easier access to transatlantic air passenger data to clinch a deal by the end of the week, EU diplomats said on Wednesday.
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InfoWorld - Europeans who visit the U.S. will be required to fill out an online questionnaire two days before they enter the country under a proposal being studied by the U.S. Department of Homeland Security.
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Everyone who took a commercial flight within the United States in June will have his or her travel information turned over to the government so it can test a new system for identifying potential terrorists, federal officials said yesterday.
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The European Union hopes to reach an agreement with the United States next Friday on a new pact on sharing airline passenger data, the European Commission said on Sunday.