Brussels, 27/05/2011 (Agence Europe) - The United States' ambassador to the EU, William E. Kennard, spoke on Thursday 26 May 2011 about negotiations with the European Commission over updating the current PNR deal (dating back to 2007). He said the new draft deal was satisfactory because it has improved aspects like protection of passenger privacy and public security. He said innovations had been made to the data protection system with a multi-layered approach (the names section of the file will be hidden after six months) and greater monitoring of data protection. These measures, along with greater legal security, had been inspired, he said, by demands from the European Parliament, the US Congress and other stakeholders. The idea is that the agreement will provide a long-term system for sending personal information about European air travellers to the United States. Kennard hoped it would be introduced and come into force quickly. The ambassador added that the United States and the EU were attached to fighting terrorism and cross-border crime while respecting people's privacy and the protection of rights, including everyone's right to safety.
Under the draft version of the deal now agreed by both parties, data will be retained for 15 years in several stages - five years and then a following ten years (compared with five and a half years for the deal with Australia). Sensitive information like religion, ethnic origin and sexual orientation will not be used unless the life of an individual might be in danger. In theory, airlines will have to supply PNR details about their passengers 96 hours before take-off (compared with the current 72 hours), but the US authorities will be able to request information earlier than that. Clarifications have been made about how Europeans will be able to lodge appeals with the US authorities
The draft deal has been discussed by the EU Council of Minsters over the past few days. A source suggests that their initial analysis reveals that the draft deal differs from the negotiating mandate issued to the European Commission by the Council of Ministers in December 2010, but that was not necessarily a bad thing. The ministers will be looking at the agreement in greater detail but some delegations have already expressed concern about the very broad definition of crimes covered by the agreement, explains the source, along with the burdensome procedures.
At the European Parliament, which must endorse the agreement, there were further expressions of disagreement with the draft deal on Thursday Green/EFA MEP Jan Albrecht clearly opposes the substance of the talks, saying: 'The far-reaching retention of citizens' personal data foreseen under this agreement - for 15 years - is not only totally disproportionate and unjustifiable, it is legally unsound and in clear breach of decisions by constitutional courts in Europe. The European Council and Parliament must call an immediate halt to these agreements, which fly in the face of EU data protection norms and are at odds with the provisions of the EU treaties and the Charter of Fundamental Rights. In the event that the Commission tries to force these agreements through, the the logical consequence would be a legal challenge to the European Court of Justice.' ( S.P./transl.fl)