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Deutsch: PNR-Abkommen: Ein schwarzer Tag für die europäischen Bürgerrechte
On 27 March 2012, the Civil Liberties (LIBE) Committee of the European Parliament decided to back the new air passenger data deal with the United States. In her recommendation, the Dutch Liberal MEP Sophie in 't Veld called on her colleagues to reject it. However, to her regret, the LIBE Committee has endorsed the Agreement despite inadequate legal safeguards.
EDRi had repeatedly pointed out the serious flaws of the Agreement to the Parliamentarians in the LIBE Committee. The new text does not only severely undermine fundamental rights but also largely ignores the criteria set by the European Parliament itself. In its resolutions of May and November 2010, Parliamentarians asked for a reduction of the retention period, for "push" only as a method of transfer and for a clear prohibition of profiling - none of these conditions have been met in the new Agreement.
The Commission has neither provided evidence that the collection, storage and processing of personal data is proportionate at all, let alone why it appears to believe that 15 years of data retention are necessary and proportionate. Furthermore, the proposed Agreement does not provide for sufficient protections and rights for citizens. According to the revised Agreement, any individual is entitled to "request" their PNR data from the US Department of Homeland Security (DHS). However, since the Agreement does not address what citizens are entitled to receive an answer, the DHS can decline this request. Moreover, the DHS has decided that its use of PNR data is exempt from the Privacy Act even for U.S. citizens.
In the upcoming plenary vote MEPs now have to either defend fundamental rights and European citizens' right to privacy and reject the Agreement - or undermine the Parliament's own credibility and vote in favour of the deal.
EDRi comments on the US air passenger data deal (2012)
http://edri.org/files/2012EDRi_US_PNRcomments.pdf
Opinion of the European Data Protection Supervisor (9.12.2011)
http://www.edps.europa.eu/EDPSWEB/webdav/site/mySite/shared/Documents/...
Article 29 Data Protection Working Party letter to LIBE on PNR (6.01.2012)
http://ec.europa.eu/justice/data-protection/article-29/documentation/o...
(contribution by Kirsten Fiedler - EDRi)