US intelligence agencies will get faster and easier access to the personal information of Irish transatlantic air passengers under a deal struck yesterday by the EU and US.
The draft agreement on the transfer of airline passenger data from all flights from the EU to the US comes after months of wrangling between negotiators. It should put an end to a period of "legal limbo" that has affected all airlines and passengers flying from Europe to the US since last Sunday when a previous EU-US deal was annulled.
EU and US negotiators heralded the deal yesterday as a compromise that would help to fight terrorism while adequately protecting European citizens' privacy. Many MEPs however criticised the deal for undermining European data protection law and blamed the EU negotiators for giving in to strong pressure exerted by the US authorities.
"It seems that the European Union has totally caved in to US blackmail," said Dimitris Papadimoulis, a Greek left-wing MEP.
The key differences in the new deal are that US authorities can share passenger information they get from airline reservation systems more easily between their security agencies. This means the FBI and CIA will be able to request the personal information of passengers that they suspect could pose a threat.
Under a previous deal agreed in 2004, very strict conditions were placed on such requests, but these have now been loosened.
The US will also be able to request passenger information 72 hours before take-off to help it screen passengers to determine if they pose a threat. Previously US customs received the information 15 minutes after take-off from a European airport, leaving less time for security checks.
Despite demands by the US for access to more passenger data, the new agreement will offer no additional information. The same 34 items will be made available to the US authorities, including the name, address, e-mail address and phone number of the passenger. The passenger's travel itinerary and all forms of payment including credit card data will also be made available on request to US security agencies.
The EU said it had sought agreement from the US to change how its customs authorities accessed passenger information. Currently most EU airlines allow US authorities to access their reservation systems by pulling out the data themselves. However, from next year, airlines will "push" this data to the US authorities instead.
Aer Lingus is one of just two EU airlines that already have the "push" system, which is considered a more appropriate way to transmit data by the EU as it protects privacy.
However, a previous US commitment to destroy the data accumulated on passengers after 3½ years may not be upheld under this new deal. The US has said the issue should be addressed in a second round of negotiations.
All 25 EU states must agree to the draft deal, but most observers believe this is a formality given the current threat to EU airlines caused by the current legal limbo.
Legal experts have warned that airlines are at risk of legal suits from passengers who do not want to have their personal data given to the US authorities.
This is because in May the European Court of Justice annulled a previous passenger information deal agreed in 2004 on a legal technicality. It gave both sides until October 1st to agree a new deal.