US want to expand PNR data agreement

Despite the fact that the European Court of Justice recently held that the Council’s authorisation for the data-sharing agreement between the EU and the VS was adopted ultra vires (see this and this post), the US now intend to even expand the agreement.

The United States want to be able to retain airline passenger data longer than a couple years and to share the data more freely with intelligence agencies, the Washington Post today reports.

The agreement obliges all carriers flying from Europe to the United States to share airline passenger data with the United States'
Bureau of Customs and Border Protection, such as passengers' names, addresses, credit card details, travel itineraries, and hotel and rental car information.

Although negotiations have been going on for a couple of months now, the European Union has already made it clear that it does not want to alter the substance of the original treaty, despite concerns over privacy issues among MEP’s and human rights organisations.

Although such concerns were raised by the European Parliament in the PNR-data cases, in its judgment the Court annulled the decision on the ground that it could not have been adopted under Article 95 EC, adding that it was therefore not necessary to consider the other arguments put forward by the European Parliament.

Link to Washington Post article