Government mandates for collection of, access to, and transfer to the USA of information from airline passenger name records (PNR's) are once again on the table in the European Union, with a European court decision annulling the present EU-USA agreement on PNR data transfers and a new EU directive on the subject both taking effect next month.
With those deadlines and a diplomatic crisis over trans-Atlantic USA-EU air travel looming -- a crisis both within the EU and its members and institutions, and between them and the USA --
widely varying proposals on what policy should be adopted, through what
procedures, in what legal form, by what decision making body of the EU
or its member nation-states, and with what degree of involvement by
governments from the USA and other countries
outside the EU in the development of a new global norm on logging of
airline passengers' movements, are being put forward as the debate
"hots up":
Yesterday, a spokesperson for Justice and Security Commissioner
Franco Frattini (who holds the relevant brief on the European
Commission), said
that "making passenger name records (PNR) available to European
governments is one of Frattini's main aims to tighten security
following the exposure of a terrorist plot to bomb aircrafts flying
between the UK and the US." According to another report , the spokesperson said Frattini "came up with the idea in London last week where he was discussing terrorism."
But Tony Bunyan of UK-based NGO Statewatch , who has been following the issue of EU surveillance of passengers through PNR data as closely as anyone, points out that the EU already has a directive
on the subject about to come into effect: "I find it very strange that
the Commissioner came up with this idea last week when the measure to
introduce an EU-PNR scheme was adopted in April 2004 and is due to come
into effect in 12 days time," Bunyan says.
The directive obligates each EU member government to enact
implementing legislation or regulations by 5 September 2006 (a week
from Tuesday) mandating airlines to collect and provide to the
government of the destination country certain information about each
passenger on a flight with a destination in the EU.
It's unclear if any EU country has or will have complied with the
directive by the deadline, or what (if anything) will happen if they
don't.
11:53:55 AM
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