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Q&A: EU passenger data row | Q&A: EU passenger data row |
(4 days later) | |
In 2004, the European Union and the US agreed that airlines leaving Europe for the US would provide a range of information about every passenger. | In 2004, the European Union and the US agreed that airlines leaving Europe for the US would provide a range of information about every passenger. |
The agreement came about after detailed negotiations with the US about the data that would be provided, how it would be used, who would see it and how long it would be kept. | The agreement came about after detailed negotiations with the US about the data that would be provided, how it would be used, who would see it and how long it would be kept. |
Negotiations to renew the agreement collapsed just before the deadline on 30 September 2006, leaving airlines in a legal vacuum. | Negotiations to renew the agreement collapsed just before the deadline on 30 September 2006, leaving airlines in a legal vacuum. |
An airline that provides the passenger data to the US could in theory be fined under data protection laws in Europe, while one that fails to provide it could be fined by the US, or be deprived of landing rights. | An airline that provides the passenger data to the US could in theory be fined under data protection laws in Europe, while one that fails to provide it could be fined by the US, or be deprived of landing rights. |
Why did the talks collapse? | Why did the talks collapse? |
The agreement needed to be renewed because the European Court of Justice ruled in May that it had not been given a suitable legal foundation in European law. | The agreement needed to be renewed because the European Court of Justice ruled in May that it had not been given a suitable legal foundation in European law. |
The court annulled the old agreement, and gave EU officials until 30 September to agree a new one with the US. | The court annulled the old agreement, and gave EU officials until 30 September to agree a new one with the US. |
It was expected that the talks would centre on legal technicalities, and that the substance of the old agreement would simply be carried over to the new one. However, this did not happen. | It was expected that the talks would centre on legal technicalities, and that the substance of the old agreement would simply be carried over to the new one. However, this did not happen. |
What did the agreement say? | What did the agreement say? |
It said the US Customs and Border Protection (CBP) could examine computer reservation databases and pull out 34 types of information about each passenger. | It said the US Customs and Border Protection (CBP) could examine computer reservation databases and pull out 34 types of information about each passenger. |
Most airlines use one of the world's four big reservation databases. In Europe, the biggest is known as Amadeus. | Most airlines use one of the world's four big reservation databases. In Europe, the biggest is known as Amadeus. |
What was the point of the agreement? | What was the point of the agreement? |
The US authorities scan the data about the passengers for evidence of suspicious behaviour that could identify a potential terrorist. | The US authorities scan the data about the passengers for evidence of suspicious behaviour that could identify a potential terrorist. |
They began to demand this information from airlines after the 11 September 2001 attacks. | They began to demand this information from airlines after the 11 September 2001 attacks. |
What kind of information can the CBP see? | What kind of information can the CBP see? |
Information about the booking of the ticket, about the passenger, and some things about his or her travelling companions and travelling history. | Information about the booking of the ticket, about the passenger, and some things about his or her travelling companions and travelling history. |
Frequent flyer miles, credit card number, e-mail address and telephone number, could all be present, depending on how the ticket was booked and paid for. | Frequent flyer miles, credit card number, e-mail address and telephone number, could all be present, depending on how the ticket was booked and paid for. |
Requests for a special meal will show up too, unless they indicate the passenger's race or religion. In this case, the CBP computer is meant to filter out the data. | Requests for a special meal will show up too, unless they indicate the passenger's race or religion. In this case, the CBP computer is meant to filter out the data. |
There are also "open text" fields where the travel agent may enter general information about a passenger's tastes and preferences, but the CBP computer is meant to scan these only for data relevant for security purposes. Manual searches are only allowed if the passenger has been identified as "high-risk". | There are also "open text" fields where the travel agent may enter general information about a passenger's tastes and preferences, but the CBP computer is meant to scan these only for data relevant for security purposes. Manual searches are only allowed if the passenger has been identified as "high-risk". |
Only in rare cases will all 34 data fields be filled in. The European Commission said in 2004: "In most individual records only a limited number of these fields will be filled." | Only in rare cases will all 34 data fields be filled in. The European Commission said in 2004: "In most individual records only a limited number of these fields will be filled." |
Were both sides happy with the old agreement? | Were both sides happy with the old agreement? |
Not exactly. US Secretary of Homeland Security Michael Chertoff has argued that the CBP needs freedom to share the passenger data with other US government agencies, including the FBI. The US Centre for Disease Control has also requested access. | Not exactly. US Secretary of Homeland Security Michael Chertoff has argued that the CBP needs freedom to share the passenger data with other US government agencies, including the FBI. The US Centre for Disease Control has also requested access. |
For their part, European privacy and data protection authorities - such as the EU's Article 29 Data Protection Working Party, which includes national data protection chiefs from each member state - say less information should be provided. | |
They also want US undertakings on how the data will be used to be replaced with legally binding commitments. | They also want US undertakings on how the data will be used to be replaced with legally binding commitments. |
And they point out that the old agreement envisages replacing the system where the CBP "pulls" the information from the reservation databases to one where the airlines "push" it across. The technology for this is now available, the working party argues, so the switchover should take place. | And they point out that the old agreement envisages replacing the system where the CBP "pulls" the information from the reservation databases to one where the airlines "push" it across. The technology for this is now available, the working party argues, so the switchover should take place. |
The European Parliament has always disagreed with the European Commission that the US data protection regime is "adequate". MEPs fear the information could be used for purposes other than thwarting terrorism. | The European Parliament has always disagreed with the European Commission that the US data protection regime is "adequate". MEPs fear the information could be used for purposes other than thwarting terrorism. |
When does the US access the data? | When does the US access the data? |
It has the right to start accessing the data 72 hours before a flight leaves. However, some of the information is collected at check in, and the full set of data will only be available around the time the flight is taking off. | It has the right to start accessing the data 72 hours before a flight leaves. However, some of the information is collected at check in, and the full set of data will only be available around the time the flight is taking off. |
Why did the European Court of Justice annul the deal? | Why did the European Court of Justice annul the deal? |
It said the Commission had been wrong to give the deal a basis in the body of EU law dealing with the internal market. | It said the Commission had been wrong to give the deal a basis in the body of EU law dealing with the internal market. |
It said the data was used for security reasons rather than commercial reasons, and should therefore be founded on the body of law dealing with co-operation between member states in justice and home affairs. | It said the data was used for security reasons rather than commercial reasons, and should therefore be founded on the body of law dealing with co-operation between member states in justice and home affairs. |
The case was taken to the court by the European Parliament, but the court did not examine the MEPs' complaints about violation of privacy. | The case was taken to the court by the European Parliament, but the court did not examine the MEPs' complaints about violation of privacy. |
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