[Politech] EU datacrats weigh in on passenger info transfer [priv]

From: Declan McCullagh (declan@private)
Date: Thu Jul 15 2004 - 08:38:31 PDT


-------- Original Message --------
Subject: EU data protection commissioners statement on Passenger Name 
Records  Transfer
Date: Thu, 15 Jul 2004 17:09:45 +0200
From: Ralf Bendrath <bendrath@private-berlin.de>
Reply-To: bendrath@private-berlin.de
To: Declan McCullagh <declan@private>

Another one for Politech.
Ralf

The EU data protection commissioners have released a statement on
Passenger Name Records Transfer, which is surprisingly lame.
Background: http://www.edri.org/cgi-bin/index?funktion=campaigns

European Digital Rights (EDRi) statement on this, from today's
EDRi-Gram:

http://www.edri.org/cgi-bin/index?id=000100000157

EDRI-gram - Number 2.14, 15 July 2004
(...)

Opinion data protection authorities on PNR-transfer
===================================================

The Article 29 Working Party that oversees the implementation of the EU
privacy directive has released its opinion on the current state of
affairs regarding the transfer of passenger data from EU airlines to the
U.S. Department of Homeland Security.

The Working Party notes that the Commission failed to take into account
previous demands by the Working Party before authorizing its transfer to
the U.S., particularly on the scope of the data, the retention period,
and the ways in which the data is used. As the European Parliament is
pursuing this case in the Courts, the Working Party is calling for some
immediate 'essential' changes to the current practices to minimize the
encroachments on passengers' rights.

These 'essential' changes include:
1. Replacing U.S. Customs direct access to reservation systems with a
'push' system where carriers send only the required information to the
American authorities.
2. Better informing passengers regarding the treatment of their personal
information.
3. Reiterating that carriers are not required to collect additional
data; only to disclose data that they otherwise collect in the course of
business.
4. Moving forward on regular checks of the U.S. treatment of the data.

Surprisingly, the report has strong language regarding the Commission's
failure to adhere to the Working Party's guidance, but the Working
Party's call for action is very weak. The agreement between the European
Commission and the U.S. Department of Homeland Security fails on many
data protection grounds, and is a clear case of backroom politics, that
the European Parliament is trying to rectify. That the Working Party
chose to respond in this manner is disappointing.

Opinion Article 29 Working Party 6.2004 (22.06.2004)
http://www.europa.eu.int/comm/internal_market/privacy/docs/wpdocs/2004/wp95en.pdf

A Failure to Negotiate: European Commission Sells Privacy Law to Lowest
Bidder
http://www.privacyinternational.org/issues/terrorism/rpt/inadequateadequacy.pdf

Transferring Privacy: The Transfer of Passenger Records and the
Abdication of Privacy Protection
http://www.privacyinternational.org/issues/terrorism/rpt/transferringprivacy.pdf

(Contribution by Gus Hosein, EDRI-member Privacy International)


_______________________________________________
Politech mailing list
Archived at http://www.politechbot.com/
Moderated by Declan McCullagh (http://www.mccullagh.org/)



This archive was generated by hypermail 2.1.3 : Thu Jul 15 2004 - 09:22:45 PDT