Brussels, 26/06/2014 (Agence Europe) - In Brussels on Wednesday 25 June, the European Union and Canada signed a new agreement on the processing of airline passenger data (PNR) and the transfer of these data by European airlines to the Canadian authorities, the Council announced in a press release.
This agreement takes over from an earlier agreement in place since 2006 and, like the agreements already in place with the United States and Australia, aims to help to identify potential terrorists or perpetrators of other serious crimes. Unlike the highly controversial mechanism negotiated with Washington, which was approved in April 2004 by the European Parliament, the agreement concluded with Canada contains far stricter provisions on data retention. Indeed, the agreement provides for data to be stored for just five years (rather than as long as 15 years in the agreement with the US). “After 30 days, Canada shall depersonalise the PNR through masking the names of all passengers and after two years it shall mask all elements of PNR data which could lead to the identification of passengers”, the Council states in a press release.
The agreement is based on a prerequisite of a strict limitation of purpose, with the use of PNR data limited to the prevention and detection of terrorist offences or serious transnational crime, and investigation and prosecution of these, the Council continues.
It also contains a legally binding obligation on the Canadian authorities to inform the member states and the EU authorities of any relevant intelligence leads flowing from the analysis of these PNR data. Generally, it consists of a “robust data protection regime with strong data security and integrity requirements and immediate masking of sensitive data (which may be used only when indispensable in case an individual's life is in peril or there is a risk of serious injury)”, the Council explains.
Rights of access, rectification and erasure and the possibility to obtain administrative and judicial redress are also provided for by the agreement.
The agreement will now be put before the committee on civil liberties of the European Parliament, and then before the plenary session, prior to its being put forward for adoption by the member states. The European Parliament must approve the text in order for it to apply.
PNR agreements are traditionally highly sensitive subjects at the European Parliament, which unsuccessfully attempted to make changes to the agreement with the US. It also, this time very effectively, put the brakes on the intra-European PNR project, which the home affairs ministers wish to revive in the new legislative period, particularly to address the issue of European fighters in Syria. (SP)