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The German Working Group on Data Retention expanded its activities beyond the data retention issues, by publishing two applications to the European Court of Justice by the European Parliament contesting the transfer of PNR data to the US.

The documents explain why the collection of air passenger data in the US as well as a similar proposal by EU commissioner Franco Frattini are incompatible with the air travellers' fundamental rights. First, the blanket collection of all PNR data violates the basic right to privacy and protection of our personal data. The finality of the data retained is not precisely defined; a "blank cheque" is given to the authorities permitting an unforeseeable use of the data for other purposes. Also, sensitive data regarding the passengers' racial and ethnic origin, political attitudes an religious conviction are not effectively protected from access.

The Working Group on Data Retention also asked Germany's Federal Government to quit negotiations on the principally flawed plan to effectuate a blanket retention of air travellers' data in Europe.

Patrick Breyer, member of the Working Group, explained the reasoning behind the actions: "The applications of the European Parliament could basically be copied to have the European plan annulled in court. The principle of proportionality prohibits the mass collection of innocent air traveller's data after passing border controls. It is disproportionate to collect everybody's data just because in rare cases, it could be useful to the authorities. Border authorities already have access to the data they need. The new plan is superfluous and can not be put into practise where European fundamental rights apply. In its decision concerning the mass scanning of vehicles' number plates, the German Constitutional Court earlier this month confirmed that data concerning citizens who are not wanted by the authorities must be discarded immediately."

Collection of flight passenger data violates human rights - Complaints published (31.03.2008)
http://www.vorratsdatenspeicherung.de/content/view/214/79/lang,en/

EDRi-gram: EC plans to profile all passengers in and out EU (7.11.2007)
http://www.edri.org/edrigram/number5.21/eu-pnr

EDRi-gram: Final agreements between EU and USA on PNR and SWIFT (4.07.2007)
http://www.edri.org/edrigram/number5.17/us-pnr-new