• Home /
• News /
• 2003 /
• May /
• EU: Campaign launched against the illegal transfer of European travellers' data to the USA

EU: Campaign launched against the illegal transfer of European travellers' data to the USA

01 May 2003

Today, European Digital Rights, a coalition of privacy and civil liberties organisations in
Europe, has started a campaign against the illegal transfer of European air travellers' data to
the United States. The campaign is started at a time when both the European Commission
and Parliament are starting new talks with the US about the issue.

In this campaign, European Digital Rights will offer models of complaints that air travellers
can send to the airline carriers and their national data protection commissioners. With these
letters air travellers can request their personal data from the airlines and get information
about which of their personal data were transferred to the US. Another letter is addressed
to national data protection commissioners to urge them to investigate the transfer of personal
data. The letters are available through the website of European Digital Rights.

"The transfer of passenger data lacks any legal basis and violates EU data protection laws.
There are very few safeguards against abuse", says Maurice Wessling, president of
European Digital Rights. "If European travellers are unfairly stopped and searched at
airports, or even barred access to the US, they will find it impossible to find out which data
have been the cause of these restrictions".

Since 5 march 2003, an agreement between the European Commission and United States
Customs provides US authorities online access to European travellers' Passenger Name
Record (PNR) data for flights coming from, or going to or through, the US. The PNR data
consist of all relevant information related to a passenger's flight: departure and return flights,
connecting flights, special services required on board the flight (meals such as Kosher or
Halal) and flight payment information such as credit card numbers.

Under EU privacy regulations the transfer of such personal data to third countries has to
abide by strict guidelines. However, due to political and economic pressures by the US
government, the European Commission has allowed the transfer of passenger data to go
through.

The agreement mentions that the data can be used "for enforcement purposes" and that it
can be retained as long as it is "required for the purpose for which it was stored". The
agreement also mentions that US Customs may share the data with other US agencies for
"legitimate law enforcement purposes". Those terms read like an assurance that all European
passengers' data could be stored in FBI and other US agencies' databases for many years
to come and will be used for broad and vague law enforcement purposes. Those purposes
are very different from the limited anti-terrorism objectives that, the US government
claimed, originally justified their request for more EU passenger data from European airline
companies.

About European Digital Rights - http://www.edri.org/

European Digital Rights (EDRI) is a European association of privacy and civil rights groups. Since its
foundation in June 2002, EDRI represents 10 privacy and civil rights organizations from 7 different
countries in the European Union.

Members of EDRI have joined forces to defend civil rights in the information society. The need for
cooperation among European organizations is increasing as more regulation for the internet, privacy
and interception is originating from the European Union. Especially since 11 September, new
regulations have been passed that demands unified action from civil rights defenders.

Contact details, for more information about this press release: Maurice Wessling: tel +31 20 4686451
press@edri.org

The EDRI letters for passengers to send to airlines and their national Data Protection
Commissioners are on:

Our work is only possible with your support.
Become a Friend of Statewatch from as little as £1/€1 per month.