Monday, December 26, 2011

Air passenger data plans in US-EU agreement are illegal, say lawyers

6:13 AM | Posted by Free Game Zone | | Edit Post

European Commission lawyers say check the program that allows data to be stored for 15 years takes away a fundamental right

own lawyers from the European Commission warned that a joint US-European agreement to store personal data, including details of your credit card, millions of passengers on transatlantic flights for 15 years is illegal.

confidential legal advice, went to The Guardian, said the agreement to allow the U.S. Department of Homeland Security to store the airline check-in data "is not compatible with fundamental rights. "

note of the legal department of the Commission on May 16, says he has "serious doubts" that the Passenger Name Record (PNR) deal, nearing completion, satisfied the fundamental right to data protection.

formal legal advice could be crucial in the agreement was negotiated by the Commission in the United States, must obtain the approval of Parliament and ministers.

cast details of a meeting of EU ambassadors last week showed the French, German, Italian, Dutch and others are still critical of the proposed agreement, and only the British , Swedish, Irish, Estonians and support.

Commission officials played down the importance of formal legal opinion, which was provided to negotiators before the conclusion of the contract, saying their legality can be challenged in court.

European lawyers say that his "grave concern" largely cover the limits of traction on the use of personal data, the storage period of 15 years disproportionate, the lack of independent oversight and adequate access to courts for those seeking redress for misuse of their data. Their concerns are:

. The basis of PNR data to U.S. and Europe is being built "to prevent and detect terrorism and serious crime," but lawyers say that this definition includes any offense punishable by a imprisonment of 12 months: "Given the low maximum sentence, which is likely to include a large number of crimes that can not be considered serious This has already enabled the proportionality of the agreement .."

. The basis of PNR data may also be used "to ensure border security," by identifying those who should be subject to closer questioning when entering or leaving the United States. Lawyers say this means that the database can be used to investigate the immigration or customs offenses minor unrelated to terrorism or serious crime.
  • . The retention period of 15 years - four times more than the current arrangement - includes five years in an "active" database, after which the information will be stored in a "latent" core The data for 10 years, but still accessible to senior officials of the application. The lawyers say that 15 years is "beyond de''los five years in the EU proposal for the European single trip, and five years in a draft agreement with Australia," The Legal Service Council its opinion on the EU-PNR ... questioned the need for a period of more than two years. It seems highly doubtful that a period of 15 years can be considered proportional. "
  • . Judicial
  • compensation to injured parties are not guaranteed, lawyers say, "All repairs are subject to U.S. law, while the forms of relief are expressly granted administrative only and therefore at the discretion of the department of national security. "
  • . Monitoring to be carried out by "agents of privacy" country does not equal security to independent oversight, says European lawyers.
formal legal advice concludes: "Despite some improvements in the presentation, the draft agreement does not constitute a very substantial improvement of the agreement is being implemented on an interim basis to conclude that it was refused for reasons of data protection the European Parliament. "

add that the use of PNR data for border security is a retirement of the current agreement. "For these reasons, the legal department does not consider the agreement in its current form as fundamental rights."


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