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EU-PNR: Did Chertoff lie to the European Parliament?

01 May 2007

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The Practical Nomad, Edward Hasbrouck's blog (link)

Contrary to the impression given by USA Secretary of Homeland Security Michael Chertoff when he gave evidence to the European Parliament's Civil Liberties Committee (LIBE) on 14 May Edward Hasbrouck says that: "there is no mention of whether any of the suspects and allegations he uses as examples has ever been brought before a court of law. Indeed, the very idea of subjecting any of these allegations to normal judicial process appears never to have occurred to Chertoff."

Moreover:

"Chertoff claimed that "PNR data is protected under the U.S. Privacy Act and the Freedom of Information Act, among other laws, as well as the robust oversight provided through ... American courts." But the Privacy Act applies only to U.S. persons, not EU citizens and residents. The DHS has exempted the Automated Targeting System (ATS), the database in which it stores PNR's, from most requirements of both FOIA and the Privacy Act. EU or other non-USA citizens and residents have no standing under these laws in any American courts. And since the PNR "agreement" has not (and apparently isn't intended to be) ratified as a treaty by the U.S. Senate, it can't be enforced in U.S. Courts or provide a cause of action even for U.S. citizens."

Committee on Civil Liberties, Justice and Home Affairs, Transatlantic Dialogue, Monday May 14 2007 (unofficial record) (pdf)

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