Brussels, 23/09/2011 (Agence Europe) - On Thursday 22 September, the EU Council of Ministers gave the go-ahead to the signing of a deal between the European Union and Australia on the processing and transfer of confidential passenger information (known as PNR - passenger name records) about European air travellers to the Australian border authorities. The new deal replaces a similar agreement signed in 2008 and will be signed over the next few days.
The European Parliament will then be asked to approve the deal, its approval being a precondition for the official passing of the decision by the Council of Ministers. Although the negotiations on a PNR agreement with Australia have now reached an end, the negotiations with Canada and the United States to update existing agreements are ongoing.
Under the deal, Australia must ensure that its customs authorities use the PNR solely for the prevention and detection of terrorism, serious cross-border crime and related investigations and court cases. Airlines must provide the Australian customs authorities with the PNR details held on their flight reservation systems.
The Australian customs authorities must ensure that any relevant information culled from the PNR is provided to the police and judicial authorities of the EU member state in question or to Europol or Eurojust. Likewise, the police and judicial authorities in Europol, Eurojust or the member state from where the traveller hails may request access to the stored PNR for use in the prevention of terrorism or serious cross-border crime in the EU.
Data protection and non-discrimination. The PNR will come under the 1988 Australian law known as the Commonwealth Privacy Act.
Australia must ensure that the guarantees with respect of the processing of PNR apply indiscriminately to all passengers, irrespective of their country of residency or whether they are actually in Australia. The processing of sensitive PNR by the Australian customs authorities is not permitted. Any sensitive PNR provided to the Australian customs authorities about a European passenger must be destroyed by the said authorities.
In order to ensure security, the IT equipment used to process PNR shall be stored in a secure environment on computer systems provided with protection mechanisms to prevent unauthorised physical access. The deal includes the right to access, rectify and delete PNR and the option of lodging an appeal under civil or criminal law.
European PNR may be kept for up to five and a half years, starting from the date when the PNR arrived at the Australian customs authorities. After three and a half years, all PNR elements that could identify the traveller must be deleted.
PNR is information provided voluntarily by air passengers to airlines when they reserve tickets and check in. It includes details like the passenger's name, itinerary, ticketing, address, telephone number, email, credit card, travel agency, seat number and luggage details. (LC/transl.fl)