Brussels, 12/04/2013 (Agence Europe) - On Thursday, Françoise Castex MEP (S&D, France) called on the European Commission to give an explanation of the way the PNR (Passenger Name Record) agreement works. The PNR agreement on the transfer of European air passengers' data, concluded with the United States in 2011, has certain provisions which could run counter to European personal data law, Castex has said in a press release.
In a written question, Castex expresses her concern at a dispute that has arisen in the United States which demonstrates, in her opinion, the dysfunctioning of the agreement. “Although the PNR agreement provides for limiting the use of data by the United States, the Department of Homeland Security (DHS) apparently has no register of who has had access and to what. It would therefore seem impossible to cross-check the activity of the DHS, and all the more so as the DHS is not legally required by American law to protect privacy”, Castex states. The DHS could also circumvent the provisions of the agreement negotiated with the EU by asking for access to the American offices of European tour-operators, recording the intra-Community trips of European nationals, for example. Castex is calling on the Commission to give her an answer within three weeks, in accordance with the interinstitutional regulation, she says in her press release.
In April 2012, the European Parliament ended up adopting the PNR agreement which was signed with the United States. It was very controversial. Under the agreement, airlines are required to transfer to the DHS the data of passengers from the EU who are travelling to the USA. These data are then examined for the purposes of combating terrorism or serious crime. The time limits for holding these data are fixed - up to 15 years maximum for terrorism crimes. The MEP in charge of the file, Sophia in't Veld (ALDE, Netherlands) had advised rejection of the terms of the agreement. The text was finally adopted by 409 votes to 226. (SP/transl.fl)