Statement by Mr. Alan Shatter T. D.
Minister for Justice, Equality and Defence
Seanad Éireann, 23 May 2012
Council Decision on the conclusion of the Agreement between the European
Union and the United States of America on the use and transfer of Passenger
Name Records to the United States Department of Homeland Security
A Chathaoirligh,
This Motion will enable Ireland to participate in the Agreement between the
EU and the United States on the use and transfer of Passenger Name Records
(PNR) to the US Department of Homeland Security, which has recently been
adopted by the Council of Ministers.
I propose that Ireland should exercise the option provided by Article 4 of
Protocol 21 to the Treaty on the Functioning of the European Union to
accept a measure after it has been adopted by the Council. The prior
approval of both Houses of the Oireachtas is required to enable Ireland to
exercise that option.
This Agreement replaces the current EU-US PNR Agreement which has been in
operation since 2007. That Agreement has been renegotiated in order to
address concerns that had been raised about proportionality, data
protection and data security aspects.
A new Agreement was signed in December 2011 to cover the ongoing use and
transfer of PNR data to the US authorities. The European Parliament
considered the Agreement in detail and approved its terms on 19 April 2012.
The Agreement was then concluded by the Council of Justice and Home Affairs
Ministers at its meeting on 26 April 2012.
PNR data is information about passengers’ travel plans that is collected
and held by air carriers as part of their reservations systems. The
Agreement will require the airlines to provide a portion of the information
they already collect to the US authorities for the purposes of combating
terrorism and serious, transnational crime.
Senators will wish to know that PNR data is a tool of proven value to law
enforcement services in counter-terrorism and serious crime investigations,
particularly in cases of trafficking in drugs and persons. A number of
countries, including the UK, Canada, Sweden, Spain, the US and Australia
have been using PNR data for these purposes for some years now.
PNR data has been of benefit in investigations into a number of significant
transnational, organised crime cases, involving drug smuggling or the
trafficking of human beings. It can be an essential support in
investigating and prosecuting those who would prey on and profit from the
misery of others.
PNR data was instrumental in the prosecution and conviction of David
Headley for his involvement in facilitating the atrocious terrorist attacks
in Mumbai, India in November 2008, in which 164 innocent people lost their
lives. By entering details of his first name, a partial travel itinerary
and a possible travel window into the PNR database, David Headley’s full
name, address and passport number were obtained. He was subsequently
arrested and pleaded guilty to terrorism-related charges.
While this measure is an important support to the fight against terrorism
and serious crime, I am very conscious of the need to ensure that the
rights of citizens are not subjected to unnecessary or disproportionate
intrusion. It is important to strike an appropriate balance, especially
with regard to the protection of personal data, and I believe this
Agreement does just that.
A Chathaoirligh, although time does not allow me to give a full description
of all of the provisions in the Agreement, we had a very full and detailed
debate on this proposal at the Justice Committee last week.
The Agreement contains a number of specific safeguards in relation to the
use of the PNR data. In particular, the processing of the PNR data is
strictly limited to the purpose of preventing, detecting, investigating and
prosecuting terrorist offences and serious, transnational crimes.
With regard to the retention of the data, the PNR data will be retained by
the US authorities for up to five years in an active database with
restrictions on access to it. After the first six months the PNR data will
be depersonalised, that is to say, fields that would identify an individual
will be masked out.
After the initial five-year period, the depersonalised data will be
transferred to an inactive database, with additional access restrictions.
In the case of terrorist offences and related crimes, the data may then be
retained for up to a further ten years (that is to say, for a total of 15
years overall). In the case of serious, transnational crimes the data can
then be retained for up to a further five years (that is to say, for a
total of ten years overall).
The Agreement contains specific, tailored safeguards in relation to privacy
and data protection, data security, oversight, accountability, transparency
and rights of access to information, the correction of errors and redress.
Senators should note that under the terms of the Agreement an individual
will have the right to access his or her own data, to have incorrect data
corrected and the right to redress for a violation of his or her rights
under the Agreement. The Agreement provides that the administrative and
legal safeguards which are in place in the US for privacy and data
protection are available to all individuals, regardless of nationality,
country of origin or place of residence.
The Agreement also provides for regular, joint review of its operation by
the EU and US authorities, and for a joint evaluation of the Agreement four
years after its entry into force. The Agreement will remain in force for a
period of seven years.
This proposal is one of a number of measures being taken at EU level in the
justice and home affairs field which arise from commitments set out in the
2009 Stockholm Programme. The Government is determined that Ireland will
have a full, active and constructive engagement in bringing forward the
European justice agenda.
Given the potential value of PNR data in investigations into drug
smuggling, human trafficking or international terrorism, and the importance
of giving a clear demonstration of our continued support and solidarity
with the international community in the fight against these activities, I
recommend Ireland’s participation in this measure.