EU flight data sparks privacy fears

By Andrew Bounds

The privacy rights of air passengers travelling from Europe to the US will be put at risk by an information- sharing deal between the two aimed at stopping terrorist attacks, the European Union’s top data protection official has said.

Peter Hustinx wrote in a letter that the agreement, to be unveiled on Friday, could violate the rights of EU citizens. It allows the US to retain information about passengers for 15 years, up from three at present, while placing “no limitation to what US authorities are allowed to do with the data”, Mr Hustinx wrote on Wednesday to Wolfgang Schäuble, the German interior minister who clinched the deal.

EU officials reject the claim, saying the agreement has more safeguards than the interim regime it will replace at the end of July. While the US maintains the exchange of letters that will seal the deal is not legally binding, Brussels regards it as an international agreement that could be revoked if not complied with.

Washington has agreed to allow a senior European official to travel to the US and scrutinise how it is using the data. It has reduced its demands for information, cutting the number of categories from 34 to 19, the Financial Times has learned. However, some diplomats said the change was “presentational” as some categories had simply been enlarged.

EU citizens will also be covered by the US Privacy Act for the first time, meaning they could enforce their rights in US courts.

Critics say the deal would allow the Department of Homeland Security as well as US customs access to the data. The US rejected an EU request that sensitive data such as dietary requirements, a clue to religion, be filtered in Europe, insisting it be done on its soil.

Sophie in t’Veld, an MEP who represents the European parliament on the issue, called it a “bad deal”.

While the US had made it clear it would ban airlines that refused to comply, the EU could have extracted more concessions, she said. “It is making legal an illegal practice,” the Dutch Liberal said. “We are trusting the Americans to stick to the rules on scout’s honour.”

The original deal was struck in the wake of the September 11 attacks and allowed for information including names, addresses, phone numbers, credit card details and past flight details to be handed over. The European Court of Justice overturned it on procedural grounds last year. The EU fears summer travel chaos if it does not replace the interim agreement before the July 31 deadline, as the US could block flights.

EU ambassadors are expected to rubber-stamp the new deal today. It has to be ratified by national parliaments before taking effect and Ireland’s Dail breaks up next week.

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