Reply #22: When will we see this mentioned on our teevees? [View All]

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Under the new agreement, which goes live at the end of this month, the US will be able to hold the records of European passengers for 15 years compared with the current three year limit. The EU parliament said it was concerned the data would lead to 'a significant risk of massive profiling and data mining, which is incompatible with basic European principles and is a practice still under discussion in the US congress.'

Peter Hustinx, the European Data Protection Supervisor, has written to the EC expressing his 'grave concern' at the plan, which he describes as 'without legal precedent' and one that puts 'European data protection rights at risk'.
Hustinx warns: 'Data on EU citizens will be readily accessible to a broad range of US agencies and there is no limitation to what US authorities are allowed to do with the data.'

He expresses concern about 'the absence of a robust legal mechanism that enables EU citizens to challenge misuse of their personal information'.
Hustinx concludes: 'I have serious doubts whether the outcome of these negotiations will be fully compatible with European fundamental rights, which both the Council and the Commission have stated are non negotiable.'

The new agreement will see US authorities gain access to detailed passenger information, from credit card details to home addresses and even what sort of food may have been ordered before a flight. In addition, US authorities will be free to add other information they have obtained about a passenger, leading to concerns about how the information will be shared.

It has emerged that neither Hustinx nor the European parliament were aware of the final draft of the plan.

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He warned that under the new system the data will be shared with numerous US agencies. 'The data protection supervisor and the European parliament are angry that they were not consulted,' Bunyan said. 'But they are also angry with a number of elements of the plan such as giving the US the absolute right to pass the data on to third parties.'

Simon Davies, director of Privacy International, another group that campaigns against state surveillance, said the new agreement gave huge powers to the US authorities. 'We have no guarantee about how this data will be used,' Davies said.

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