We discussed the new EU/US passenger data deal earlier this month. Further details of that deal have since emerged, including the agreement itself and a joint EU/US press release boasting of the "important safeguards" for passengers that the agreement contains. The agreement will take effect on 31 July, when the current agreement expires.
Some key points:
- The method of data transfer will change. Instead of the US authorities being able to access passenger data directly, EU airlines will send the data to the US. This change isn't as important as it sounds because EU airlines will have pretty much no say over how they send the data, how often, or even what data they send.
- The agreement stipulates that the data must only used for preventing and combating terrorism, but then goes on to say that the data can be used as required by US law - very broad.
- The agreement does not place any conditions on how the US shares the data with other countries.
- The data will stay on the US database for up to 7 years. After that, it goes on to to non-active database for up to another 8 years.
- The only real comfort is that the EU data subjects will be protected by the US Privacy Act 1974.
For those concerned about privacy and ensuring adequate safeguards are imposed on the use of personal data, the contents of this agreement are not going to bring any cheer.
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