USA: Delta denies infringement of data privacy

In proceedings concerning a lawsuit accusing the airline of hacking into a computer of a passenger advocacy organization (see previous post), Delta has asked the federal court to dismiss the claim on the grounds that the plaintiff, FlyersRights.org founder Kate Hanni, had made the allegedly stolen emails public by forwarding them to an industry discussion group.

The lawsuit claims that Delta used stolen email to harm FlyersRights.org by derailing the group’s efforts to push through legislation aimed at limiting airplane tarmac delays to three hours.

Source: Travel Weekly; find article here>>.

USA: Lawsuit on Border Laptop Searches

The American Civil Liberties Union (ACLU) has filed a lawsuit in the U.S. District Court for the Southern District of New York demanding that U.S. Customs and Border Protection (CBP) release details of its policy that allows the agency to search travelers' laptops at U.S. borders without suspicion of wrongdoing. The law suit is an effort to get CBP to respond to a Freedom of Information Act (FOIA) request that the civil liberties group filed in June about the laptop-search policy. Though the FOIA law requires it to give a response within 30 days the agency has not supplied information.

Source: The New York Times; find article here>>.

USA: lawmakers seek assurance on privacy of passenger data

U.S. Federal lawmakers want to know what will happen to sensitive data of more than 150,000 travelers after the country’s leading airport secruity fast-lane company ceased operation last week. The House Homeland Security committee asked the TSA in a letter last Thursday to explain what it knows about the privacy of the data of the 165,000 customers of the privately-issued Clear pass. That data trove left a lot of unanswered questions after Clear suddenly closed.

Source: wired.com; find article here>>.

UK: chaos to be expected from new electronic passport checks?

The e-borders programme, which is due to be fully in force by 2014, is aimed at tackling terrorism, crime and illegal immigration and allows passenger details to be checked against watch lists. However, travel operators from the rail, shipping and travel industries told MPs that the Home Office had not consulted them properly and warned that the system could lead to unacceptable delays: Travellers could face chaos during this year's school holidays if airlines are forced to implement new electronic passport checks.

The government said the e-borders scheme was already a proven success.

But travel operators warned it could breach EU laws on data collection. And they said the flagship £750m programme to collect electronic records of everyone who enters and leaves the UK will also miss Home Office deadlines.

Source: BBCNews; find article here>>.

UK: database to track international travel of all Britons?

Due to a report by The Sunday Times, British government is building a secret database to track and hold the international travel records of all Britons. The intelligence centre will store names, addresses, telephone numbers, seat reservations, travel itineraries and credit card details for all passenger movements in and out of the UK each year. The computerised pattern of every individual’s travel history will be stored for up to 10 years.
The database is seen as an essential instrument in the fight against crime, illegal immigration and terrorism.

Source: The Sunday Times; find article here>>.

USA: ACTE and EFF seek reversal of laptop seizure decision

The Association of Corporate Travel Executives (ACTE) and the Electronic Frontier Foundation (EFF) have filed an amicus brief with the 9th United States Circuit Court of Appeals seeking to rehear and reverse a flawed decision allowing random and invasive searches of travellers’ computers (and other electronic devices) at U.S. borders. A previous ruling by the U.S. Supreme court gives U.S. Customs & Border Protection Service officials blanket authority to inspect all electronic devices, examine the contents, copy them, or seize the unit as they see fit. Suspicion of a crime need not be a factor in the decision.
The amicus brief jointly filed with the Electronic Frontier Foundation is the second such effort for the two organizations. On 19 June 2007, a previous brief was filed on behalf of all travellers who would be subject to these searches and seizures crossing U.S. borders. This second amicus brief may get a better reception as Congress has taken an intererst in the issue. The Senate Committee on the Judiciary has scheduled a hearing before the Subcommittee on the Constitution regarding “Laptop Searches and Other Violations of Privacy Faced by Americans Returning from Overseas Travel” for Wednesday, 25 June 2008.

Source: ACTE press release>>.

DHS Announces Pre-Travel Authorization for U.S.-Bound Travelers -Visa Waiver

Washington – The U.S. Department of Homeland Security announced today the Interim Final Rule for the Electronic System for Travel Authorization (ESTA), a new online system that is part of the Visa Waiver Program and is required by the Implementing Recommendations of the 9/11 Commission Act of 2007.
“Rather than relying on paper-based procedures, this system will leverage 21st century electronic means to obtain basic information about who is traveling to the U.S. without a visa,” said Homeland Security Secretary Michael Chertoff. “Getting this information in advance enables our frontline personnel to determine whether a visa-free traveler presents a threat, before boarding an aircraft or arriving on our shores. It is a relatively simple and effective way to strengthen our security, and that of international travelers, while helping to preserve an important program for key allies.”
Once ESTA is mandatory, all nationals or citizens of visa waiver countries who plan to travel to the United States for temporary business or pleasure under the VWP will need to receive an electronic travel authorization prior to boarding a U.S.-bound airplane or cruise ship. The requirement will go into effect next year and does not affect U.S. citizens traveling overseas.

Source: DHS Newsroom; full text here>>.

USA: Federal Court decision supports traveller laptop seizures

The Association of Corporate Travel Executives (ACTE) has issued a warning to its members worldwide – and to all business travellers – to limit proprietary information on laptop computers when crossing U.S. borders, and to eliminate any personal data, including photographs, finances and email that you do not want examined by Border Protection authorities. The warning follows a decision by a federal appeals court on 21 April 2008 giving customs officials the unfettered authority to examine, copy, and seize travellers’ laptops – without reasonable suspicion!

Source: ACTE press release of 23.04.2008>>.

Decision of 9th Circuit Court of Appeals available for download here>>.

USA: Private tourism sector opposes responsibilty for national security

The National Tour Association voices its opposition to the U.S. Department of Homeland Security proposal calling for airlines and cruise lines to collect biometric information, including fingerprints, from foreign travelers departing the United States.
The International Air Transport Association has condemned the proposal, stating that border protection and immigration are government responsibilities. NTA supports IATA and will be enlisting the support of other segments of the travel and tourism economy. Already, the United Motorcoach Association and the American Bus Association have signed on in support.

Source: NTA; full text here>>.

USA: More extensive tourist fingerprinting at U.S. airports

Fourteen small white boxes with green glowing screens were installed this week at customs booths around John F. Kennedy International Airport here.
Now, in addition to handing over a passport to Customs and Border Protection agents, every noncitizen visitor has to place all four fingers and thumb from each hand on the glowing screen. Within seconds, CBP has their 10 digital fingerprints on file.
This expanded effort to collect fingerprints of noncitizen visitors is part of a national test of improved biometrics technology that the Department of Homeland Security hopes will make it harder for people with forged documents or criminal pasts to enter the United States. Eventually, they hope to use this technology to ensure that foreign visitors who come leave when their visas have expired.

Source: eTurboNews; find full article here>>

USA: DHS Begins Collecting 10 Fingerprints From International Visitors At Washington Dulles International Airport

The U.S. Department of Homeland Security (DHS) is now collecting additional fingerprints from international visitors arriving at Washington Dulles International Airport (Dulles). The change is part of the department's upgrade from two- to 10-fingerprint collection in order to enhance security and fingerprint matching accuracy.
Department of State (DOS) consular officers and DHS Customs and Border Protection (CBP) officers collect biometrics—digital fingerprints and a photograph—from all non-U.S. citizens between the ages of 14 and 79, with some exceptions, when they apply for visas or arrive at U.S. ports of entry. The department's US-VISIT program checks this data against a joint Federal Bureau of Investigation (FBI)-DHS watch list of criminals, immigration violators and known or suspected terrorists. Watch list data comes from several sources, in particular the Department of Defense (DOD), FBI, DHS and other federal, state and local law enforcement agencies.

Source: DHS press release of December 10, 2007 ; more information here.

"U.S. Seeks to Tighten Int'l Air Security While Promoting Inbound Travel"

As reported by David Jonas, at The Transnational, "U.S. and European officials last week reached a new agreement on sharing transatlantic air passenger data, a development that would remove the threat of suspended U.S. landing rights for European airlines. Industry groups that had feared a possible disruption to business travel after 31 July--when an interim deal expires--applauded the agreement, which still requires final approval from 27 European Union member states.
As U.S. officials were resolving that potential snag in the transatlantic aviation market, a Senate Commerce committee passed new legislation that would promote inbound travel by foreigners while the U.S. Department of Homeland Security, congressional leaders and industry representatives were discussing the latest efforts to collect biometric information from both inbound and outbound international travelers."

This article is available in full text.

No Deal on Passenger Data Transmission to US Authorities

The United States and the European Union failed to reach a new deal on sharing air passenger data before a Saturday deadline. Reaching an agreement before the deadline was an EU priority to ensure that airlines could continue to legally submit data about passengers flying from Europe to the United States. These data - including credit card details - must be transferred to the U.S. authorities within 15 minutes of a flight's departure to the U.S.. The European Court of Justice, in May ruled that the deal, put in place after the terror attacks of Sept. 11, 2001, was illegal because it had not used the correct basis in EU law. However, court allowed the data to keep flowing until Saturday to give officials time to negotiate a new agreement. Washington has warned that airlines failing to share the data will face fines and the loss of U.S. landing rights. Without the deal, airlines that provide the data to the U.S. authorities could face legal action from the national data protection authorities in EU states. Officials said negotiations would continue. Source: http://www.travelindustryreview.com/news/3215.

(Originally posted by Michael Wukoschitz)

"Transfer of passenger name records (PNR): The Commission adopts two initiatives to comply with the Ruling of the ECJ"

According to the EU Press Room, "The European Commission adopted today two initiatives to put a legally sound framework in place for the transfer of PNR data to the United States. These initiatives are the first European answers to correct the legal basis for the Agreement with the US that was struck down by the European Court of Justice on 30 May 2006. The Court ruled that the Article 95 EC-Treaty was not an appropriate legal basis for the transfer of PNR data which are essentially aiming to ensure public security and activities by public authorities in areas of criminal law.
As the Agreement with the United-States remains in force under international law for a period of 90 days after it is denounced by either Party, the Commission recommends to the Council to terminate the Agreement with the US before the end of this month.
At the same time the Commission asks the Council for an authorisation to open negotiations for an Agreement with the United States of America on the use of PNR data to prevent and combat terrorism and transnational crime, including organised crime."

This Press Release is available in full text.

The Court annuls Council decision concerning transfer of personal data to U.S. authorities

Following the terrorist attacks of 11 September 2001, the United States passed legislation providing that air carriers operating flights to, from or across United States territory have to provide the United States authorities with electronic access to the data contained in their reservation and departure control systems, called ‘Passenger Name Records’ (PNR). Following negotiations with U.S. authorities the Commission adopted, on 14 May 2004, a decision (the decision on adequacy) finding that the United States Bureau of Customs and Border Protection (CBP) ensures an adequate level of protection for PNR data transferred from the Community. On 17 May 2004, the Council adopted a decision approving the conclusion of an agreement between the European Community and the United States on the processing and transfer of PNR data by air carriers. The Court has now annulled both decisions. (Press relase 46/06 of European Court of Justice,
http://curia.eu.int/en/actu/communiques/cp06/aff/cp060046en.pdf)

(Originally posted by Michael Wukoschitz)

No legal Basis for Transfer of Data from Airline Passenger Name Records to US Authorities?

In his opinion of 22 November 2005 (Cases C-317, 318/04) European Advocate General Léger proposed anullment of Commission and Council decisions on transfer to the American authorities of personal information concerning air passengers. Following the terrorist attacks of 11 September 2001, the United States adopted legislation to require airlines carrying passengers to, from or across United States territory to give the American authorities electronic access to the data contained in their Passenger Name Records. After negotiations with US authorities the Commission adopted a decision (the adequacy decision), holding that the US Bureau of Customs and Border Protection (CBP) offered a sufficient level of protection for personal data transferred from the Community whereas the Council adopted a decision approving the conclusion of an agreement between the European Community and the United States on the transfer of data from Passenger Name Records by airlines. Both decisions were challenged by the European Parliament before the European Court of Justice (ECJ). In his opinion the Advocate General concluded that the adequacy decision infringed the underlying measure, namely Directive 95/46, and proposed to annul that decision. Concerning the Council’s decision he considerd that Article 95 EC which concerns the adoption of measures for approximating the legal, regulatory and administrative provisions of Member States which have as their object the establishment and functioning of the internal market, did not constitute an appropriate legal basis and proposed that the Court should annul that decision as well. Although Opinions of the Advocate General are not binding, ECJ judgements at a high percentage follow these proposals.

(Originally posted by Michael Wukoschitz)

EU-Parliament voted against transfer of flight passenger data to Canda

The vote was meant as a protest against the fact that EU-Council and Commission are still refusing to grant the Parliament any right of codetermination in security issues. A similiar data transfer agreement with the U.S. has been challenged by the Parliament before the European Court of Justice.The judgement is expected by the end of the year.

(Originally posted by Michael Wukoschitz)

Lufthansa: New Check-In Machines

By the end of March 2005 Lufthansa will indroduce new check-in machines which will allow to scan passengers' passports. Due to legal obligations the Airline has to collect passengers' passport data for each flight to USA, Canada, Korea or Mexico. Up to now these data have beeen collected manually. The new machines will be a further step towards self-service by passengers.

(Originally posted by Michael Wukoschitz)

National Security and Data Protection

Since 5 March 2003, an agreement between the European Commission and United States Customs gives the USA online access to passenger name record (PNR) data of all Europe-based airline carriers for flights that go to, from or through the USA. European privacy protection groups are deeply concerned as airline companies disclose Passenger Name Record data to United States authorities without obtaining passengers' explicit consent. They have launched a campaign encouraging passengers to send complaint letters to airlines and national data protection authorities to claim back privacy rights (http://www.edri.org/)

(Originally posted by Michael Wukoschitz)

E-Commerce

Amendments have been made to a proposed EU Directive on E-Commerce which aims to establish a coherent legal framework for e-commerce within the single market. The amendments clarify some of the definitions used and clarifies the link between this Directive and existing Directives on Data Protection. It also clarifies when an e-commerce transaction is legally concluded. The full text can be downloaded from http://europa.eu.int/comm/dg15/en/media/eleccomm/eleccomm.htm. [IP/99/652]

(Originally posted by John Downes)