“The proposed EU Council Framework Decision on the use of Passenger Name Records (PNR) for law enforcement purposes is under consideration within the Council framework at present. Under the French Presidency of the Council the Member States have undertaken an in-depth thematic reflection on the nature of a PNR system and issues related to it, with the active involvement of sectoral operators, fundamental rights and data protection interests and the European Parliament. This work will be continued under the incoming Czech Presidency of the Council.

The proposed Framework Decision will include appropriate safeguards to be built into any system which is established in order to protect fundamental rights, particularly the right to data privacy. The exact nature and extent of these safeguards is yet to be finalised but views expressed by the Member States and a range of other interested parties, including the Article 29 Working Party on data protection, the European Data Protection Supervisor and the European Fundamental Rights Agency, will be taken into account.

The proposal has been the subject of a recent report by the Oireachtas EU Scrutiny Committee, which heard the views of the Data Protection Commissioner. He expressed his reservations about certain aspects of the proposed Framework Decision and the Committee’s report reflects those concerns. I will, of course, take into account the views of the Committee in the course of further discussions on this proposal at EU level.

Measures to assist the Gardaí in their fight against terrorism and serious crime which are proportionate and which contribute to a more secure environment for Irish and other EU citizens deserve support. PNR data are widely collected by operators in the travel sector and it makes sense to make use of data sources which are already available. However, I remain conscious of the need to achieve balance and proportionality in any measures that would be taken in this field.”

The usual anodyne response, but I think the very fact the question was put may make the Dept realise that the issue is being scanned. Jim is undersatanding of the issues but is no aware of the details. I have no political affiliation with him or his party, but I have found he is at least willing to react.

Government sticks to EU passenger plan
7 August 2008

The government has continued to argue that international passenger data should be analysed for immigration and non-serious crime, potentially risking its access to other European countries’ data

On 11 June, the House of Lords European Union committee warned the government that it faced problems in continuing to use passenger name records (PNRs) for anything other than tackling terrorism and serious crime, as other European countries are against wider use.

A draft framework decision intends to require EU member states to collect PNRs for all flights in and out of Europe specifically for tackling terrorism and organised crime. But in an official response published on 6 August, the Home Office says it will continue to use PNRs within its e-Borders project, including those from internal flights and other forms of transport, and try to persuade other countries to change their minds.

“As currently drafted, there is a real risk that the EU PNR proposal would degrade e-Borders by prohibiting the use of PNR data for combating immigration offences,” it says. “We will therefore lobby strongly for the (EU) framework decision not to preclude the use of PNR for this purpose.”

In response to a warning from the Lords committee that the government’s stance may force it to opt out of the framework decision, denying Britain PNR data from other countries, the Home Office says that it has invited delegations from other member states to visit its joint border operations centre, and has made presentations in Brussels. “We are working hard with EU partners to reach agreement on a text which is acceptable to all,” it says.

The Home Office also explains its work to collect PNR-like data, which includes contact details for passengers and information on how they bought the ticket, for international rail and sea journeys. It says legislation already exists to collect similar data for sea and for international rail journeys except between Northern Ireland and the Republic, and it is working on systems to collect information such as vehicle registrations and travel documents.

It is also working on taking data from the Eurostar rail service as it does from airlines, but with allowances made for shorter reservations and check in times, and the high proportion of passengers who do not book in advance.

The response adds that there is no legal power to collect reservation data from road vehicles, such as coaches, moving internationally.

Source: Kable’s Government Computing
Publication date: 07/08/2008