Council of the EU: Agreement with the United States on the continued use of passenger name record (PNR) data. (PDF file).

Best, TFS

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

“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

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