Talks between the European Commission and the US department of Homeland Security about airline passenger data are moving very slowly. Commissioner Frits Bolkestein told the European Parliament that the US are only willing to compromise on a few disagreements. Most importantly the US do not want to limit the use of airline passenger data to the purpose of fighting terrorism.

Since March the US are demanding passenger data from European airlines flying to or through the US. The data is sent to the US prior to flight departure and used by the US to screen passengers and apply a risk assessment. The passenger name record data (PNR) consist of many data items: departure and return flights, connecting flights, special services required on board the flight (meals such as Kosher, Halal) and payment information such as credit card numbers. Airlines might lose landing rights if they do not comply with US demands. European Parliament, the European Data Commissioners and even the European Commission agree that the current transfer of passenger data violates EU privacy regulations.

On 9 October the European Parliament passed a resolution concerning the transfer of passenger data to the US. The resolution details various concessions the European Commission must require of the United States concerning data protection and collection limitation, and requires that the Commission act within two months or else be brought to the Court of Justice by the European Parliament for failure to do so.

On 1 December Commissioner Frits Bolkestein gave an overview of where the negotiation stands. The retention period is down from the previous 7 years to 3,5 years. The number of required PNR items is only down from 39 to 34 items. But most importantly, the US don't want to limit the use of PNR to fighting terrorism. Previously the US said it wanted to use the data also for combating 'other serious crimes'. Bolkestein told Parliament that "the US text is more precise than it was, but barely any narrower." The only 'concession' the Commission got is that the US will use the PNR only for crimes that are punishable by a minimum imprisonment term of at least 4 years. That still makes the use of PNR possible for a huge variety of crimes that are not related to terrorism at all.

Stefano Rodota, chair of the European Data Commissioners, already said that the US concessions won't comply with European law: "there are no grounds for saying that the American system is proper and suitable".

Marco Cappato, Italian member of European Parliament, has asked the Commission to take action against airlines that have passed his PNR to the US.

Bolkestein has committed himself to reach an agreement with the US before Christmas.

Speech by Frits Bolkestein (01.12.2003)
http://europa.eu.int/rapid/start/cgi/guestfr.ksh?p_action.gettxt=gt&am...

Speech by Stefano Rodota (25.11.2003)
http://www.statewatch.org/news/2003/nov/PNR-Rodota25-11-03.pdf

Marco Cappato complaints to Commission (07.11.2003)
http://coranet.radicalparty.org/pressreleases/press_release.php?func=d...

Travel Data and Privacy
http://hasbrouck.org/articles/travelprivacy.html