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Homeland Security 5 Year Anniversary 2003 - 2008, One Team, One Mission Securing the Homeland

Fact Sheet: Homeland Security and European Commission Reach PNR Agreement

Release Date: 12/16/03 00:00:00

For Immediate Release
Office of the Press Secretary
December 16, 2003

  • After a year of negotiation, the Department of Homeland Security (DHS) Border and Transportation Security (BTS) Directorate and the European Commission (EC) have reached an arrangement with regards to the legal transfer of Passenger Name Record (PNR).
  • With this "adequacy finding," the European Commission is affirming that the U.S. privacy protections to be implemented by the Department of Homeland Security are legal and appropriate to guard passenger privacy. Specifically, the adequacy finding is a public statement made by the executive body of the European Union that affirms that the protections put in place for the use, sharing, security, and oversight of data as well as the redress mechanisms associated with the use of data by the Bureau of Customs and Border Protection (CBP) are sufficient under European law.
  • A Passenger Name Record is the collection of information about a person's commercial air passenger reservation. PNR data is essential for CBP officers to adequately review the list of passengers on a plane destined for the United States, to determine if any passenger or passengers pose a threat to the aircraft or the other passengers on the aircraft, or are believed to be involved with terrorism or other transnational criminal activity.
  • This arrangement exemplifies the excellent cooperation between the United States and European Union.  It is another illustration of transatlantic partners meeting the common objective of preserving the safety and security for passengers while protecting the privacy of individuals.
  • The arrangement between the two parties includes the transfer of 34 elements in the PNR data record to Homeland Security for use by CBP.  
  • PNR data is used by CBP strictly for purposes of preventing and combating: 1) terrorism and related crimes; 2) other serious crimes, including organized crime, that are transnational in nature; and 3) flight from warrants or custody for the crimes described above.  
  • The data will be generally retained for three and one-half years for use by CBP in fulfilling their law enforcement functions, and by other law enforcement agencies as allowed by the agreement.
  • The agreement will enter into effect and be in place for three and one-half years with renegotiations beginning in two and one-half years.
  • Homeland Security will make a series of "undertakings" or promises related to how DHS and CBP will utilize and retain the PNR data, and the privacy protections and redress mechanisms Homeland Security will put in place.
  • In addition, the European Commissioner, Frits Bolkestein has committed to proceed with rapid negotiations with a goal of establishing a legal framework for TSA use of PNR data for CAPPS II.

This page was last reviewed/modified on 12/16/03 00:00:00.