EU and US still haggling over passenger data
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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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Tell us more The US Government faces a lawsuit demanding information about the controversial programme which forces airlines to disclose information about European travellers to the US.â¦
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EFF wants to know how data is used The US Government faces a lawsuit demanding information about the controversial programme which forces airlines to disclose information about European travellers to the US.â¦
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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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Europe&#39;s top privacy guardian, the European Data Protection Supervisor Peter Hustinx said he expects the U.S. and the European Union to reach an agreement on how to share information about passengers flying across the Atlantic, but not by the July deadline.
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A new airline passenger information sharing agreement between the EU and the United States aimed at thwarting terrorism will likely go into effect yet this summer following concessions from both sides this week.
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(InfoWorld) - A failure by the U.S. and European Union to reach a new agreement next month on the provision passenger data for transatlantic flights could ground up to 105,000 people each week, the International Air Transport Association's (IATA) director general said Thursday. The two sides need to reach a new accord by the end of September, after the European Court of Justice ruled in May that the current agreement is unacceptable. That agreement calls for airlines to provide U.S. authorities with the names, addresses, ticket payment details, and telephone numbers of passengers on U.S.-bound flights. The EU'sÂ highest court ruledÂ that there was no "appropriate legal basis" for the deal, and said it would cease to be valid from October. If a new agreement isn't reached before then, airlines will be forced to decide whether to continue providing the information in violation of European privacy law, withhold the information in violation of U.S. law, orÂ ground flights to avoid breaking any law, said Giovanni Bisignani, director general and CEO of IATA, at a news conference in Tokyo. "I hope that there will be an agreement because I know that the cooperation between the Homeland Security and European Union is strong and effective," he said. "I think there is time to find a decision," Bisignani said. "It's not up to me to say which is the best decision. It's up to me to say I look forward to increased cooperation and increased discussion between the two parties because we cannot be in a situation on Sept. 30 when we have to make the decision which law to break." Bisignani's comments came two days after U.S. Secretary of Homeland Security Michael Chertoff wrote in The Washington Post that the U.S. needs continued access to the personal information on passengers, and also wants the rules relaxed on how the information can be used. The US Customs and Border Protection receives the information regularly, he wrote, but cannot share it freely with investigators in other Department of Homeland Security divisions, Immigration and Customs Enforcement, or with the Federal Bureau of Investigations -- "never mind with our allies in London." "This information might yet identify associates of those arrested in the plot in Britain, but the rules blind us in routinely searching for that connection," Chertoff wrote. The U.S. says the data allows them to identify certain passengers for additional screening when they arrive in the U.S. while reducing the amount of time spent on screening low-risk passengers.
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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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(InfoWorld) - 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. The screening of airline passengers entering the U.S. became standard security procedure after the terrorist attacks on the U.S. five years ago. An agreement was struck with the European Union in 2003 permitting airlines carrying passengers to the U.S. to pass over 34 pieces of European citizens' private data to U.S. immigration officials withoutÂ breaching strict European data protection laws. With that agreementÂ due to expireÂ at the end of this month, after being thrown out on a legal technicality by the European Court of Justice, security officials are trying to agree on an interim accord to take over from Oct. 1. Senior U.S. security officials have demanded an interim accord more far-reaching than the existing one, while the European Parliament wants to limit its scope. Without a replacement agreement, airlines face a dilemma: if they don't hand over the passenger name records (PNRs), U.S. authorities may impose hefty fines or withdraw their landing rights, while if they do hand over the data, passengers may sue them for breaching their right to privacy under European laws. The Parliament recommended last Thursday that E.U. governments protect European citizens' civil liberties by ensuring that any fresh deal with the U.S. incorporates new privacy safeguards to prevent the profiling of passengers. Current rules exclude the Parliament from negotiations. Last week it demanded that the legal basis for a Trans-Atlantic data sharing agreement be changed to allow the Parliament joint responsibility for negotiating a long-term replacement accord. The European Commission, the E.U.'s executive body leading the negotiations on the European side, supports changing the legal basis for a new long term accord -- once the interim agreement is in place. Justice and security commissioner Franco Frattini last week said the issue "underlines the need for a single legal basis for justice, liberty and security issues." But he stressed that reaching an interim accord is paramount. "The most important need is to guarantee the continuity of application of the ... agreement, and legal certainty," he said. He wants the interim accord to be the same as the one it is replacing. "I ask the U.S. to agree on the same substance," he told journalists on his way into a meeting with U.S. officials last Thursday. However, it could also incorporate "rules and procedures which effectively restrict the use of PNR data by the U.S. authorities," he told the Parliament last week. Any attempt to limit the scope of the current accord will be fiercely resisted by U.S. officials. In an article published in The Washington Post last Tuesday, U.S. Homeland Security chief Michael Chertoff asked for the lifting of restrictions on how data can be shared with other agencies. The existing accord forbids U.S. immigration officials from sharing the 34 pieces of data with any other government agency. "European privacy concerns have limited the ability of counterterrorism officials to gain broad access to data of this sort," Chertoff said. Frattini wrote to Chertoff Monday promising continued commitment to cooperating in the fight against terrorism. The E.U., he said, "is better prepared to respond than we were five years ago." However, the alleged terrorist plot to blow up trans-Atlantic flights that came to light in the U.K. in August shows that more cooperation is needed, he said. In addition to striking a new passenger data agreement with the U.S., Frattini told Chertoff that new priorities include monitoring the use of the Internet by terrorists.
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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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An agreement could be reached Friday over swapping personal information about passengers.
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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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Invasive DHS system just like the one we're building, apparently EU officials are crying foul over Department of Homeland Security attempts to impose draconian and invasive data requirements on passengers travelling to the US. The US demands, however, are remarkably similar to the ones the EU itself proposes to make of passengers travelling to Europe, making the officials shouting "blackmail" and "troublesome" somewhat unlikely guardians of the citizenry's freedoms.â¦
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The United States has reassured the European Union that it will continue to apply restrictions on the way it uses air passenger data until the two sides conclude a new agreement, an EU spokesman said on Wednesday.
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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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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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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.