EU bows to US over supply of airline passenger data

Date: 06/03/03

By Peter Chapman

EU AIRLINES flying to the United States will have to abide by a tough anti-terrorism edict requiring them to disclose key passenger data - including obviously Islamic names and ethnic meal choices - to American customs authorities or risk fines.

But the European Commission said it had insisted in talks this week that data identifying people's race, religion or health could not be passed on to American authorities, because that would breach the Union's own data privacy laws.

Jonathan Todd, spokesman for Internal Market Commissioner Frits Bolkestein, said: "We have agreed that sensitive data will not be used by US customs if it falls in categories identified as sensitive by European data protection law.

"The purpose of this is to allow US law to be met, with adequate levels of data protection," said Todd, adding that the Commission was holding a hearing in Brussels on 14 March to explain the deal to the EU travel industry.

However citizens' rights campaigners say the rules would still make it easy for US authorities to target EU citizens from certain racial or religious backgrounds.

Todd admitted that a name such as "Mohammed" used by Islamic males would have to be communicated to the US authorities - as would the details of in-flight food.

This, he confirmed, would highlight whether the person had ordered a special Halal meal - using meat from animals slaughtered in accordance with specific rites.

"You have a choice not to go to the US," said Todd, adding that passengers wishing to keep their dietary preferences secret would be advised to "take sandwiches".

He said the data gathered by the US customs officials could only be passed on to other law enforcement agencies, such as the FBI, in exceptional circumstances.

"It will be limited to purposes of fighting terrorism and special approval [would be needed] from the US deputy commissioner for customs."

US ambassador to the EU Rockwell Schnabel said that he was "very cognisant" of the Union's concerns about data protection.

Nevertheless, he said airlines had started to supply names in anticipation of yesterday's (5 March) deadline for compliance. He said the measure was justified by the 11 September 2001 attacks on his country and attempts to blow up planes in mid-air. "The US wants to know who's coming into the country ahead of time so as to avoid some of the problems we had in the past," he added.

EU airlines flying to the United States will have to abide by a tough anti-terrorism edict requiring them to disclose key passenger data - including obviously Islamic names and ethnic meal choices - to American customs authorities or risk fines.