Statement by European Commission Vice-President Franco Frattini, Responsible for Justice, Freedom and Security, in the European Parliament on "Data Protection and Transfer of PNR Data"

Business Wire, Dec 13, 2006

WASHINGTON -- The following is a statement by European Commission Vice-President, Franco Frattini:

On October 19, the European Union and the United States concluded an agreement for the processing and transfer of passenger name record data by air carriers to the United States Department of Homeland Security. The U.S. Government confirmed a set of Undertakings which guarantee the protection and security of PNR data.

Against this background concern has been expressed in recent days following information published last month by the Department of Homeland Security on the "Automated Targeting System." This is a security screening system making a risk assessment of international travelers relying, among other things, on PNR data. The information published by the DHS reveals significant differences between the way in which PNR data are handled within the Automated Targeting System (ATS) on the one hand and the stricter regime for European PNR data according to the Undertakings given by the DHS.

The Council Presidency and Commission have sent today a letter to the U.S. Government to request formal confirmation that the way EU PNR data are handled in the ATS is the one described in the Undertakings.

The current EU-U.S. Agreement on PNR data will expire in July of next year. The Commission will, at the beginning of 2007, recommend to Council to mandate the Presidency, assisted by the Commission, to negotiate a new PNR agreement with the United States. I am sure that any new agreement will provide for a high level of data protection for all PNR data transferred under the agreement while protecting the security of our citizens.

I will keep the European Parliament informed about the mandate and the progress of negotiations. The Commission expects to receive a mandate from Council before March next year.

I have always taken the position that travelers must be informed when their PNR data may be transferred to competent authorities of third countries. The DHS Undertakings expressly acknowledge this. We need an international agreement with the support of the public on both sides of the Atlantic and of the democratic representatives of the peoples.

I have often said that there is an important balance to be struck between measures to ensure security on the one hand and the protection of non-negotiable fundamental rights on the other. The Commission, assisting the Presidency in the negotiation of future PNR agreements with third countries, will ensure that security issues are properly addressed through the transfer and appropriate use of PNR data, while protecting personal data guaranteed by Article 8 of the Charter of Fundamental Rights.

Finally, a high level Contact Group was set up at the EU-U.S. JLS Ministerial troika on November 6, 2006 to discuss information sharing and protection of personal data for law enforcement purposes. There is a clear need on both sides of the Atlantic to work more closely together on these issues.

I would personally be in favor of close contacts between the above High Level Group and both the European Parliament and the U.S. Congress.

We need a broader perspective and a long-term vision to tackle, together with the U.S., the terrorist threat without putting at risk the fundamental rights of individuals.

I am also firmly committed to continue encouraging the Council to make progress on the Framework Decision on data protection in the Third Pillar. I hope the incoming German Presidency will be able to make substantial progress on that.

We do have a common problem and threat - terrorism - which will continue to exist in the coming months and years. Only a very solid strategy, and a balanced cooperation with our main international transatlantic partner, will allow reducing, if not eliminating, this modern form of 'totalitarianism' against democracy.