§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether, as reported in the Guardian newspaper on 20 February, the European Commission has made an agreement with the United States Government, binding on all British airlines with effect from 5 March, whereby personal information about all passengers flying to the United States will be disclosed to the United States customs, immigration and other agencies; if so, whether (a) the terms of the agreement contain safeguards matching European data protection laws; and (b) the agreement has been approved by Her Majesty's Government or by the Council of Ministers. [HL1822]
§ The Parliamentary Secretary, Lord Chancellor's Department (Baroness Scotland of Asthal)On 17 and 18 February senior officials of the European Commission and the United States administration met to discuss the problems for airlines operating Flights to or from the US arising from the requirements imposed by US legislation for airlines to disclose detailed information about passengers to US Customs.
Following the discussions the two sides issued a joint statement explaining the outcome. They agreed to work towards a bilateral arrangement which will permit the Commission to make a formal decision under Article 25.6 of the EC Data Protection Directive that there is adequate protection for the passenger information that US Customs receives from airlines which are bound by EC law. Such a decision will be based on information and undertakings provided by US Customs.
The joint statement sets out the undertakings that US Customs has already made to protect the passenger information that it receives from airlines in the interim. They include an undertaking to respect the principles of the Data Protection Directive. The requirement for airlines to provide passenger information to US Customs is effective from 5 March.
The joint statement is not binding on airlines. It is for airlines to decide whether they disclose passenger information as required by US law. Airlines not providing the information will be liable to heavy fines 59WA and other sanctions from the US side. The content of the joint statement is a matter for the two parties in whose name it was made. It requires no formal endorsement by either Her Majesty's Government or the Council of Ministers. The Government are considering the implications of the joint statement for UK law.
I am placing the joint statement in the Library.