News Release

No. 18/03
March 6, 2003 

Passenger Name Record (PNR): Results of March 4 talks between the European Commission and US Customs and Border Protection 

The European Commission and US Customs and Border Protection (CBP) representatives have discussed the specific question of the protection of sensitive data contained in the PNR. US-CBP undertook to continue not to use any data that fall into the categories identified as sensitive by EU law (e.g., data revealing race or religion or concerning health) and to introduce a special filter to protect such data further. Sensitive data are not and will not be used to identify potential passengers for US-CBP border examination. 

Any use by US Customs or transfers of such sensitive PNR data to other law enforcement agencies would be limited to the purposes of preventing and combating terrorism and other serious criminal offences and will be subject to a specific approval procedure, including the US Deputy Commissioner of Customs and Border Protection.

The purpose of the undertaking was to allow airlines and reservation systems to reconcile the requirements of US law with respect for data protection principles. As a result, the passage of legitimate travellers will be facilitated.

Further work on a long-term solution to provide more legal certainty for all concerned is in hand.

The Commission will invite representatives of the travel industry to an information meeting on March 14, 2003, concerning in particular the data protection obligations laid down by Community law.

Background

Senior officials of the European Commission and US Customs [now known as US Customs and Border Protection (CBP)] met in Brussels on February 17-18, 2003. Further discussions took place on February 28 and on March 4. The two sides have agreed to work together towards a bilateral arrangement to reconcile US requirements with the requirements of data protection law in the EU under which the Commission will adopt a decision under Article 25 paragraph 6. The Commission also thinks that a multilateral agreement in the framework of ICAO (International Civil Aviation Organization) is necessary in the longer run, as it is entirely impractical for all airlines collecting and processing data in the EU to have to operate under multiple unilaterally imposed or bilaterally agreed requirements. 

As of 5 March 2003, following further specific undertakings by US-CBP with regard to sensitive data contained in the PNR, air carriers operating from, to and through the US will give access to PRN data to US-CBP.  

The full text of the February 18 joint declaration is available on these Commission websites: http://europa.eu.int/comm/external_relations/us/intro/pnr.htm and http://europa.eu.int/comm/transport/air/safety/safety_en.htm

Press Contacts:

Wilfried Schneider 202-862-9523

Maeve O'Beirne 202-862-9549

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