EU-US Passenger Name Record Data Transfer: Must Privacy Rights be a Casualty of the War on Terrorism?
EU-US Passenger Name Record Data Transfer: Must Privacy Rights be a Casualty of the War on Terrorism?

Summary/Abstract: Since the terrorist attacks of September 11, 2001, the US and other democratic nations have faced a dilemma. How can they increase their security without violating the right of their own citizens and citizens of other countries? This dilemma is particularly disturbing in the case of airlines security. The United States passed the Aviation and Transportation Security Act, requiring that air carriers operating flights to, from, or through the US provide the United States Customs with electronic access to the data contained in their automated reservation and departure control systems, known as Passenger Name Records (PNR). Shortly after this, the European Commission informed US authorities that these requirements could conflict with EU legislation on data protection. Despite the fact that EU data protection and civil liberties concerns have not been met, on May 17, 2004 the General Affairs Council of the EU adopted the “light” international agreement that obliged European Union air carriers to provide US institutions with the PNR data. EC openly ignored the European Parliament’s critical opinion and call to wait for the European Court of Justice decision on PNR data transfer… Passenger Name Record data transfers are unlikely to markedly improve airline security, and that present a potential for abuse and for harmful errors that far outweigh their potential value. The European Union has every right to resist PNR data transfers and to oppose them in the European Court of Justice.

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