--- From: Erich M <meat_private> Organization: quintessenz To: Declan McCullagh <declanat_private> Subject: EU/US doqument on flight passenger data revealed Date: Mon, 24 Feb 2003 21:17:15 +0000 User-Agent: KMail/1.4.3 Declan, FYI: that is what happened last week in Brussels when US Customs met the EU foreign department. US-Agencies demand direct access to European flight carrier databases. Possible sanctions: no more flights to USA by those EU airlines that do not comply. The process is in the making this week they will meet again. Here is the story: EU-Flugdaten für die NSA http://futurezone.orf.at/futurezone.orf?read=detail&id=146246 Here is the document: http://quintessenz.org/pnr.pdf Excerpts below, feel free to relay. An extended doqument will be published by tomorrow, featuring the changes as the original is a MS-Word phile. Have phun ;) Erich EUROPEAN COMMISSION/US CUSTOMS TALKS ON PNR TRANSMISSION BRUSSELS, 17/18 FEBRUARY JOINT STATEMENT 1. Senior officials of the European Commission and the US Administration, led by Director General for External Relations Guy Legras and Deputy US Customs Commissioner Douglas Browning, met in Brussels on 17/18 February 2003 to find a solution to the problems resulting for airlines operating flights to or from the US due to the new Passenger Name Record (PNR) transmission requirements contained in the Aviation and Transportation Security Act 2001. It was necessary in particular to reconcile US requirements with the requirements of data protection law in the EU. [...] "The United States Customs Service represents that: - by legal statute (title 49, United States Code, section 44909(c)(3)) and its implementing (interim) regulations (title 19, Code of Federal Regulations, section 122.49b), air carriers operating passenger flights in foreign air transportation to, from or through the United States, must provide Customs with electronic access to PNR data contained in the automated reservation/ departure control systems ("reservation systems"); [...] with regard to the PNR data which Customs accesses directly from the air carrier's reservation systems, Customs will only view PNR data concerning persons whose travel includes a flight into, out of or through the United States; -Customs will access air carrier reservation systems as an accommodation to the air carriers to obviate the need for costly technical changes required to allow the air carriers to transmit the data to Customs; - [...] - Customs would take the position in connection with any administrative or judicial proceeding arising out of a FOIA request for PNR information, that such records are exempt from disclosure under the FOIA; [...] - other law enforcement entities may specifically request PNR information from Customs and Customs, in its discretion, may provide such information for national security or in furtherance of other legitimate law enforcement purposes; - for purposes of regulating the dissemination of PNR data which may be shared with other law enforcement entities, Customs is considered the "owner" of the data and such entities are obligated by the terms of disclosure to obtain Customs express authorization for any further dissemination (sometimes referred to as the "Third Agency Rule"); -- // Taeglich frische IT-news http://www.futurezone.orf.at ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ Like Politech? Make a donation here: http://www.politechbot.com/donate/ ------------------------------------------------------------------------- Declan McCullagh's photographs are at http://www.mccullagh.org/ -------------------------------------------------------------------------
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