EU plans on air passenger data transfer criticised

EUROPEAN COMMISSION proposals to hand over the personal data of airline passengers to the security authorities in other countries…

EUROPEAN COMMISSION proposals to hand over the personal data of airline passengers to the security authorities in other countries have been criticised in a report by a cross-party Leinster House committee.

The EU proposals would oblige airlines to hand over personal and confidential information about their passengers to police authorities in order to combat crime and terrorism.

However, the Joint Oireachtas Committee on EU Scrutiny, chaired by Fine Gael TD John Perry, said the proposals failed to strike the right balance between an individual's right to privacy and the need to counter illegal activity.

The report, entitled Proposal for A Council Framework Decision on the Use of Passenger Name Record (PNR) for Law Enforcement, was compiled following consultation with the Data Protection Commissioner, Aer Lingus and Ryanair and it is to be published by the committee today.

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The committee also believes moves to compel airlines to pass on Passenger Name Record (PNR) information would mean an increase in the cost of air travel.

PNR is personal and confidential data kept by airlines for operational and commercial purposes.

The EU proposal would require carriers to provide PNR data to relevant national security authorities. The information includes details provided by the passenger at the time of reservation, check-in and boarding.

Mr Perry commented: "While the committee fully accepts the need for the authorities to have access to sensitive information, we feel that the correct balance has not been reached between the right to privacy of ordinary citizens and the proportionate measures which are needed to fight crime.

"The committee fears that the introduction of these proposals could further lead to the development across Europe of what is known as 'the surveillance society', whereby day-to-day activities are constantly monitored and private space is more and more restricted.

"This development would also increase the administration and organisation costs for airline companies which the committee feels would inevitably result in raising the cost of air travel for the passenger."

The report expresses specific concerns about the transfer of data to other countries which do not have good data protection systems.

It also notes the concerns expressed by the Data Protection Commissioner about the high possibility that inferences reached from the vague information supplied could be entirely wrong.

The committee also points out that transferred information could contain details on third parties such as an employer, partner or relative; it states that the proposed time period of 13 years for retaining the information is too long; and it also notes the failure of the commission to consult with Ryanair and easyJet, two of the four largest airlines in Europe.

Deaglán  De Bréadún

Deaglán De Bréadún

Deaglán De Bréadún, a former Irish Times journalist, is a contributor to the newspaper