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UK Government fights EU proposals to restrict the way it uses passenger name record (PNR) information to monitor immigration, claiming that the data it collects is crucial to control cross-border movements.

With the EU planning to make all European states share PNR data, UK government argues there is a "real risk" the action "would degrade e-Borders by prohibiting the use of PNR data for combating immigration offences". A spokeswoman for the Home Office stated: "The collection of passenger name records is a vital tool in Britain's fight against organised crime, terrorism and immigration offenders."

UK wants to go further than EU and share data from internal EU flights, sea and rail travel. The House of Lords EU Select Committee warned in a report published in July that if the government made pressures for radical changes to the EU proposal, it might loose the co-operation of Europe. The report recommended that the PNR data be used for the purpose of fighting against terrorism and combating serious crime, stating at the same time that a clear definition should be given to what "serious crime" means. It recommended a comprehensive list that would cover the term.

The Home Office responded on 6 August accepting the need for greater clarity about what crimes should be covered by "serious crime" but rejected the recommendation for a comprehensive list as being "overly prescriptive". It also said that its e-Borders programme gathering PNR data on 50 million passengers' movements, had been a "real success in strengthening the UK border" leading to 25 000 alerts and 2 100 arrests for offences ranging from murder and possession of firearms to drug-smuggling. It also stated that loosing Europe's support was not a possibility. "Negotiations are ongoing, there are outstanding issues but we will work closely with the EU to agree a text."

Dominic Grieve, Shadow Home Secretary, said that if the government wanted to extend the purposes of using passengers' details, it should be precise about "what the objective is, why it is necessary and what safeguards it will put in place to protect the privacy of the innocent" and he added: "Given the government's proven and serial inability to protect personal data the public will not agree to this lightly."

The Home Affairs Spokesman for the Liberal Democrats, Chris Huhne, also considered this was another example that the government was more and more invading people's personal lives. He also commented: "It is deeply worrying that ministers are prepared to forgo the possible co-operation of our European partners."

Actually, even the EU Proposal for a Council Framework Decision on the use of Passenger Name Record (PNR) is far from perfect, facing large opposition from privacy rights advocates and associations.

In a letter to the Council of the European Union, ECTAA, the European Travel Agents' and Tour Operators' Associations, makes several proposals for the Framework Decision. Among other things, the members of the association believe the decision should only cover data for passengers on flight into and out of the EU and that it should not be extended to intra-EU flights.

Gov't battles EU over use of air-passenger data (11.08.2008)
http://news.zdnet.co.uk/security/0,1000000189,39459924,00.htm

Ministers' fears on EU data plan (6.08.2008)
http://news.bbc.co.uk/2/hi/uk_news/politics/7544877.stm

Clash erupts on use of airline data to fight crime (7.08.2008)
http://www.ft.com/cms/s/0/14152182-6418-11dd-844f-0000779fd18c.html?nc...

European Travel Agents' and Tour Operators' Associations (ECTAA) letter to the Council of EU on Proposal for a Council Framework Decision on the use of Passenger Name Record (PNR) data for law enforcement purposes (1.08.2008)
http://www.statewatch.org/news/2008/aug/eu-pnr-ectaa-comments.pdf

EDRIgram - PNR Data infringes human rights (9.04.2008)
http://www.edri.org/edrigram/number6.7/pnr-human-rights-ecj