Time was ticking…
Tomás F. Serna
October 3, 2006
I recall it being on or around September 25th. that I had a few lines written down on a post that was going to be titled: “Time is ticking…”
I thought that this matter had such a high importance, that an announcement over an agreement between the US and the EU was to surface any minute on those dates, and thus my humble post remained unpublished on my computer watching the days go by.
Time was ticking –at the time–, towards the September 30th deadline established by ECJ decision of May 30th. 2006 regarding the international data transfers of ‘Passenger Name Records’ (PNR), between European airlines and the US Government, as discussed on an earlier post in BlogEuropa.eu.
As some of you will remember, reasons of legal certainty were given by the ECJ in said decision. No-one wanted to harm the upcoming –on those dates– tourism high season… or, for that matter, further jeopardize the already weak situation of most flagship airlines both in the US and in the EU territories.
Mr. Michael Chertoff (US Secretary of the Department of Homeland Security), commented on October first that a nearly final draft was being discussed, and unnamed ‘sources’ from the European Commission elaborated on that 90% of the open issues had already been worked out.
As of this writing, no new announcements have been made.
So, which are the main issues behind these discrepancies between the US approach to privacy and personal data, and the EU approach?
Needless to say, we’re all in the same boat against terror. And if we’re not, we all should be.
–I’ll let you know my take on the issue on another ‘privacy’ post, but I’d love to read your ideas here. Please use the comments form.–
Best, TFS
4 Comments »
RSS feed for comments on this post. | TrackBack URI | bookmark on del.icio.us.
Leave a comment
Advertencia de Protección de Datos:
Los datos personales capturados con ocasión de la utilización del formulario de comentarios (nombre/apodo, dirección de correo electrónico, sitio web y dirección IP), serán incluidos en un fichero del propietario del sitio web y se publicarán (excepto su dirección de correo electrónico y su dirección IP) en esta página con la finalidad de permitir opinar públicamente al lector, así como para en su caso contestar al comentario o consultas que formule. Podrá ejercitar sus derechos de acceso, de rectificación, de cancelación y de oposición en lo referido a dichos datos personales dirigiendo un correo electrónico a la dirección: datos.personales@blogeuropa.eu.
----
Privacy notice:
Please be informed that by using the comments form, your personal data (name/nickname, e-mail address, website and IP address), will be included in a file owned by the website proprietor and published along your comment (except for your e-mail and IP addresses), in order for the reader to publicly comment, as well as -should that be the case-, to respond to any comment or query that readers may have made. You will be able to exercise your rights to access, rectify, cancel and oppose such personal data by sending an e-mail to the following address: datos.personales@blogeuropa.eu.
Dear Tomas:
I totally share your concerns taking into account that, accordingly with the European Court ruling the existing (anulled) agreement only could be in force up to September the 30th.
However, I believe I have some recent good news:
In the Commission’s Memo of 01/10/2006 (MEMO/06/360) the European Administration informs that a “draft agreement has been sent on 30th September by Homeland Security Secretary Chertoff to Vice-President Frantini and to the Finnish Minister of Foreign Affairs Erkki Tuomioja may be discussed during the 6th October meeting of the Council of Justice and Home Affairs Ministers in Luxemburg in the hope of having agreement the same day”.
I really belive that things are moving and that we will have an agreement pretty soon as I’m (or at least I want to be) totally convinced that “we’re all in the same boat against terror”
Thank you to remind us this important matter.
Best Regards,
María
Comment by Maria López-Contreras Gonzalez — October 4, 2006 @ 9:03 pm
OK, so here is the text of the memo:
“MEMO/06/360
Brussels, 1st October 2006
Airline passenger data – European Commission statement on negotiations with the United States
Although the negotiations on a PNR agreement between the EU and the US could not be concluded before 1st October 2006, the timeframe provided for by the European Court of Justice in its 30th May 2006 ruling (see CJE/06/46), European Commission Vice-President Franco Frattini and US Homeland Security Secretary Michael Cherftoff have agreed that the negotiations will continue in a constructive atmosphere with a view to concluding an agreement as soon as possible. Much progress has already been made.
It is in the interests of all concerned, travellers, airlines, law enforcement agencies and data protection authorities, that a new agreement is concluded as soon possible. Vice-President Frattini is in regular contact with Secretary Chertoff and agrees on the need to reach a rapid and satisfactory agreement.
In the meantime, the Commission urges the US to continue to apply the safeguards for PNR data that were laid down in the now-lapsed 2004 agreement (see IP/04/650) until such time as a new agreement is reached so as to minimise the risk of legal uncertainty and disruption to EU-US flights.
The draft agreement sent on 30th September by Homeland Security Secretary Chertoff to Vice President Frattini and to the Finnish Minister for Foreign Affairs Erkki Tuomioja may be discussed during the 6th October meeting of the Council of Justice and Home Affairs Ministers in Luxembourg in the hope of having an agreement the same day.”
–
So we’ve seen that it basically acknowledges that though the deadline is over, no new agreement has been put in place… but progress is being made…
And it is in line with the quoted press bits from the same date…
From a legal point of view, what this means is that any ongoing international transfers of passenger’s personal data from EU air carriers to the US Government are being made in accordance with US requirements and regulations, and in breach of EU ones… which is one of the issues over which I was aiming to bring some attention…
BTW: In Spain, as you know, sanctions related to personal data law/s breaches can amount up to 600.000 € per breach…
My question remains open to anyone who would like to comment: Which would be the main issues behind the discrepancies between the US approach to privacy and personal data, and the EU approach?
Best, TFS
Comment by TFS — October 5, 2006 @ 7:39 am
Update: According to the Spanish and International press an agreement was reached last night… and should be approved today in Lux by the EU justice ministers meeting.
http://www.ft.com/cms/s/3d26ba5a-550f-11db-acba-0000779e2340.html
http://elmundo.es/elmundo/2006/10/06/internacional/1160116693.html
All the best, TFS
Comment by TFS — October 6, 2006 @ 9:24 am
Well, it’s official now:
Council of the EU: Agreement with the United States on the continued use of passenger name record (PNR) data. (PDF file).
Best, TFS
Comment by TFS — October 6, 2006 @ 11:33 am