Thursday, February 3, 2011

Air Travel: EU wants to force passenger data transfer

The data of air passengers to be at the will of the EU Commission in the future automatically passed on to European security authorities. The project is "an important part of EU security policy," Justice Commissioner Cecilia Malmström said on Wednesday in Brussels. It is proposed that the new policy apply to flights that start in one EU member state or country.

Uniform rules in the EU was necessary to combat "serious crime such as drug smuggling and human trafficking and terrorism," stated Malmström the project. The airlines should the proposal would pass the most important data of their passengers automatically to the authorities of the EU country where an aircraft lands or starting up.


Not affected are passengers on flights within the European Union. Therefore sent as name and address of the passenger, travel dates, type of booking and payment information to the luggage and the seat number. Not have access to security authorities in a very personal details have to be on the political, religious affiliation, sex, ethnicity, health or the close of the traveler.

The transfer and storage of passenger data is particularly of consumer advocates and data protection officers repeatedly criticized sharply. The green-interior expert in the European Parliament, Jan Philipp Albrecht, criticized the initiative as disproportionate and as a "slap in the face for the European fundamental rights and constitutional values." So be not sufficiently specific to the conditions for the analysis of the data would have to be present, yet there are effective safeguards against arbitrary or a foreign domain access.

Also discussed the storage period of five years, Albrecht considers unacceptable. FDP is skeptical Federal Justice Minister Sabine Leutheusser-Schnarrenberger (FDP), said that the project is problematic with regard to the jurisdiction of the Federal Constitutional Court. The domestic political spokesperson for the FDP parliamentary group, Gisela Piltz, said critically.

The EU Commission's proposal to go with a "difficult terrain". It must now be examined in particular, which security authorities are to have the circumstances under which the passenger data access. In addition, all travelers should not be put under general suspicion. Malmström wants the EU members agreed to anonymize the data of air passengers a month after the flight.

In addition, the indications are not kept for longer than five years. According to the proposal should the security authorities of the EU countries do not directly access the databases of airlines and use the resulting data alone to combat crime and anti-terrorist. The Commission proposal also provides that passengers can request cancellation of their data.

Before the policy can come into force, the thrust go by Ministers and European Parliament. The Commission expects that this will take about two years. Currently collect security authorities in the EU already in some cases, information to passengers. Airlines are also required for flights to and from the USA, Canada and Australia, to transmit the data of passengers to the authorities of these countries.

The EU is negotiating right now with these three countries on new agreements for transfer of air passenger data.

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