FOREWORD—What this
report is about
In recent years, and particularly since 9/11, counter-terrorism
has made it essential for States to monitor and control flights
into, out of and over their territory. For this they need detailed
information about passengers and crew on those flights. Much of
the information relied on by States is collected by the airlines—the
Passenger Name Record (PNR).
The United States is exceptional in the number of
air passengers who seek entry, the risks which they pose (or are
seen as posing), and hence the volume of PNR data sought and the
uses to which they are put. Many passengers will not be aware
that very detailed information about them is transferred to the
US authorities every time they fly there; if they are aware, they
may think this is a small price to pay for enhanced security.
But some may regard this as a potentially serious abuse of their
right to privacy and to protection of their personal data. They
may feel, as we do, that a better balance can be struck between
public security and private rights.
The first agreement between the EU and the United
States, in 2004, was an attempt to reconcile the public security
demand for information with the EU laws on data protection. A
second interim agreement was negotiated in 2006 after the first
was annulled by the European Court of Justice. Now a third agreement
is under negotiation.
We hope these negotiations will reach a successful
conclusion and will result in an agreement satisfactory to both
sides. We have examined the failings of the earlier agreements
in detail to suggest how they could be remedied. Our recommendations
stress above all the importance of the undertakings governing
the collection, use, retention and transfer of data being clear,
unequivocal and not susceptible of unilateral amendment.
On behalf of the EU, the negotiators are the Presidency
and the Commission. But the United Kingdom Government cannot abrogate
their responsibility. They have agreed the negotiating mandate,
and they have influence with the United States. They have a duty
to see that a satisfactory result is achieved.
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