EU told not to give passenger details to South Korea

One of the Union’s top data protection officials has written to the Portuguese government, the current holder of the EU’s rotating presidency, warning about the transfer of airline passenger data to South Korea which has been taking place since 1 December.

Peter Schaar, who chairs the group of data protection supervisors from EU member states, said that European airlines were providing the data at the request of the Korean customs authorities, but that no deal had been struck between the EU and Seoul to permit the transfers. "Korea does not offer an adequate level of data protection," he warned.

"In the case of Korea, I consider it indispensable that the transfer of passenger data is put on a firm legal basis which spells out the duties of the receiving country and the rights of data subjects," said Schaar, in a letter dated 26 November.

The deal means that European airlines flying to South Korea will transfer 22 pieces of information about each passenger to the customs authorities. But Schaar warned that the deal presented problems for data protection supervisors across the EU. "Without such a legal basis the competent data protection authorities across Europe will not be able to approve the data transfer to Korea," he said.

He urged the Council of Ministers to open negotiations with Seoul. "Korea should not become a precedent for other countries that are also contemplating the use of passenger data without a proper international legal framework in place," Schaar said.

The EU has concluded deals with the US and Canada on the transfer of airline passenger data. Negotiations are to open soon on an agreement with Australia. The deal with the US, the latest version of which was signed in June, remains controversial. The European Parliament’s legal service and the group of member state data protection supervisors have voiced concerns about an inadequate level of data protection.

One of the Union’s top data protection officials has written to the Portuguese government, the current holder of the EU’s rotating presidency, warning about the transfer of airline passenger data to South Korea which has been taking place since 1 December.