The agreement gives a legal basis to a practice that has been
carried out informally for over a year.
Airlines operating passenger flights to, from or through the US
have been transferring passenger data contained in their
reservation and departure control systems to US Customs since March
last year, in order to comply with US anti-terror requirements.
The transfer has been controversial, not only because the US
does not meet general EU data protection requirements, but because
a proposed agreement setting out the terms of the transfer has also
been found wanting.
Despite concerns, which have led the European Parliament to vote
against various aspects of the transfer and seek a judicial ruling
on the proposed agreement, the deal was signed on Friday by US
Secretary of Homeland Security Tom Ridge, Irish Ambassador Noel
Fahey (representing the Presidency of the European Union), and EU
Ambassador Günter Burghardt, (representing the European
Commission).
The agreement will be in effect for three-and-a-half years once
implemented, with renegotiations to start within one year of the
agreement's expiration date. It will, says the Department of
Homeland Security, strike a balance between facilitating legitimate
travel while contributing to the security of the US and EU member
states.
"The US and the EU are equally committed to not only improving
the safety of air passengers and the security of our borders, but
also to protecting the privacy of air passengers consistent with
both US and European laws," said Secretary Ridge on Friday.
"Today's signing is the result of more than a year of
negotiations between the United States and the European Commission,
and is a sign of our united commitment to combat terrorism," he
added.
But the conclusion of the agreement brings the spectre of a
legal challenge from the European Parliament, which is now entitled
to seek the annulment of the international agreement and the
adequacy finding that preceded it – approved by the European
Commission and the Council earlier this month.
The Assistant Homeland Security Secretary for Policy, C Stewart
Verdery Jr, acknowledged as much to the Washington Post,
commenting, "We believe the agreement would withstand a legal
challenge".
