EU: The EU will begin talks with the US on Monday on a new deal to share airline passenger data with security services to help fight terrorism, writes Jamie Smyth in Brussels
Member states yesterday agreed a negotiating mandate for the talks, which are expected to be difficult because of US demands for more access to EU citizens' personal data.
Under an existing deal, EU airlines must pass on up to 34 items of data on passengers, such as their address and credit card details, to be allowed to land at US airports.
But the US is now seeking access to more passenger information, and wants to be able to store this information on databases for up to 40 years to help profile potential terrorists.
The confidential negotiating mandate agreed by member states, which has been seen by The Irish Times, also shows that the EU wants to use information compiled by the US security services from European passenger bookings. It also wants to build its own system to store and analyse passenger data collected by international airlines.
"The agreement should ensure the possibility of transfer of analytical information flowing from PNR [ passenger] data by competent US authorities to police and judicial authorities of the member states, as well as Europol and Eurojust," say the negotiating principles, which are likely to cause significant concern among civil liberties groups in Europe.
The existing agreement to share passenger data with US agencies, including the CIA, from all flights from Europe to the US, has proved controversial because of privacy concerns.
For example, last year the New York Times revealed the existence of a secret terrorist profiling system, which uses the data to screen all passengers entering the US. It also uncovered a secret programme to sift through Europeans' bank records.
The European Parliament has objected to the lack of safeguards accorded to EU citizens and successfully challenged the deal at the European Court of Justice.
The successful challenge, which was based on a legal technicality rather than privacy concerns, forces the EU and the US to agree a new airline data deal by July.
If no deal can be agreed between the EU and the US, European airlines could be prevented from landing in the US, or could be sued by citizens for giving away their personal information.
EU officials said last night they would try to resist US demands for access to more passenger information and the right to store it for much longer than the current agreement of 3½ years.
The mandate also stipulates that the new deal should ensure "full respect for fundamental rights and freedoms of individuals . . . the right to privacy with regard to the processing of personal data".
But officials admit the negotiations will be difficult. US negotiators have already signalled that they want to loosen the safeguards in the current deal, which limit the ability of US security agencies to share passenger data.
The EU wants to limit any new agreement to a seven-year timeframe and to include a clause enabling either party to denounce it.
The negotiating mandate also expands the potential use of passenger data to fight "serious crimes that are transnational in nature" rather than simply terrorism and related activities.