Two European Bodies Affirm and Reject EU-Canada Air Data Agreement

Because of privacy concerns with third countries, in early July the European Parliament rejected an agreement (Canada/EU Agreement) between the EU and Canadian authorities for sharing airline passenger data in the interests of national security. Previously, the Parliament opposed a similar accord between the EU and the United States. The goal of the Canada/EU Agreement is to give legal certainty to European airlines as they try to comply with Canadian data requirements while respecting EU data protection laws. The Canada/EU Agreement involves a smaller number of data elements than the 34 data elements specified in the analogous American agreement concluded last year. Among data elements like credit card numbers and addresses, choice of meal information is also shared, something which can reveal the ethnicity or religion of a passenger. Penalties for non-compliance levied by Canada against the airlines have been put on hold during the negotiations. Since non-compliance with the analogous American agreement can result in fines of US $6000 per passenger, European airlines have already started sharing passenger data with US customs authorities. Later in July, despite rejection by the European Parliament, the European Commission decided to sign the Canada/EU Agreement and issued a press release that included the following:

"The [Canada/EU Agreement] strikes a good balance between security requirements and the data protection standards required under EU law, thus making an important contribution to the fight against terrorism".

The stand-off between the Parliament and the Commission could lead to later challenges before the European Court. For the European Commission press release, see: http://makeashorterlink.com/?K188524BB For a news story regarding the European Parliament decision, visit: http://news.airwise.com/story/view/1120772925.html Summary by: Nyall Engfield