Not So Fast

31 May 2006



EU Court Halts Traveler Data Transfer to US

After Al Qaeda murdered around 3,000 people in September 2001 using hijacked aircraft, the US started demanding that European airlines start handing over passenger details within 15 minutes of take-off for the US. The EU Council of Ministers happily agreed to do so, but the EU Parliament was less happy and referred the matter to the European Court of Justice. The Court sided with the Parliament, saying that the hand over lacked an “appropriate legal basis.” Effective at the end of September, EU airlines will be damned if they do and damned if they don’t.

As executive officer of the British Air Transport Association Bob Preston explained it, “If we don't supply the information to the United States authorities then we’re liable to fines of up to $6,000 per passenger and the loss of landing rights. And if we do supply the data, potentially we’re breaking the law [on European data protection].” Hence the delay until September – the Court wants a new solution that is legally more satisfying.

The US wants, and has been receiving, 34 different pieces of passenger information including such innocuous things as names and such potentially difficult data as credit card details. Initially, the US wanted to keep these data for 50 years, but it agreed to a three-and-a-half year storage period. This wouldn’t be so disturbing if the US were better at keeping such details secret. However, last week, the Department of Veteran Affairs admitted an employee had taken home such details on 26.5 million veterans, and the data were stolen. Transatlantic travel accounts for 10-11 million passengers per year.

Of course, if providing the data actually helps prevent terror attacks, one might be persuaded of its value. One must also remember that the four airplanes hijacked on September 11, 2001 were US-based planes owned by US carriers flying from US airports. The US and EU have written a report reviewing the efficacy of the program in fighting terrorism, which should settle the matter. It is, not surprisingly, classified. So, the governments know that the program is either worthless or valuable, but they can’t tell the people whose lives are at risk and who elected them whether it works.

There is, fortunately, a solution that both sides could employ before the September 30 deadline. Last year, the EU made a deal with Canada to give the same data to the Canada Border Services Agency. That body agreed to use the EU standards for data protection when dealing with the information, and all parties save the terrorists are happy. Whether the Bush administration possesses sufficient sensitivity to do the same is dubious at best.

© Copyright 2006 by The Kensington Review, Jeff Myhre, PhD, Editor. No part of this publication may be reproduced without written consent. Produced using Fedora Linux.

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