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EU-USA: USA to exempt "Arrival and Departure System" (ADIS) from its Privacy Act

01 August 2007

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No sooner is the ink dry on the 28 June 2007 EU-USA PNR (passenger name record) agreement than the USA is to change its Privacy law to exempt the Department of Homeland Security (and all the agencies that share its data) from giving access to personal data gathered for "immigrant and non-immigrant pre-entry, entry, status management and exit processes" which will include PNR data on EU citizens. The scope covers "national security, law enforcement, immigration and intelligence activities". The proposed change also covers revealing other agencies the data is passed to and/or data provided by "foreign governments".

US Department of Homeland Security: Notice of proposed rulemaking, 15 August 2007 (pdf: Thanks to www.cryptome.org)

Text from the EU-US PNR agreement (28 June 2007): "IV. Access and Redress: DHS has made a policy decision to extend administrative Privacy Act protections to PNR data stored in the ATS regardless of the nationality or country of residence of the data subject, including data that relates to European citizens. Consistent with U.S. law, DHS also maintains a system accessible by individuals, regardless of their nationality or country of residence, for providing redress to persons seeking information about or correction of PNR. These policies are accessible on the DHS website, www.dhs.gov."

and USA to exempt Automated Targeting System (ATS) from its Privacy Act: Privacy Act of 1974: Implementation of Exemptions; Automated Targeting System (31 July 2007, pdf) What is the ATS? Privacy Impact Assessment for the Automated Targeting System, 3 August 2007 (pdf)

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