LEG. DEV.: COUNCIL DECISION REGARDING AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED STATES ON THE USE OF PASSENGER NAME RECORD DATA


11 Colum. J. Eur. L. 207 (2004)

Caitlin Friedemann.

Growing concerns about terrorism have made national security issues increasingly significant in world affairs. Governments attempting to deal with campaigns of violence and intimidation face the challenge of integrating new, stricter national security goals with existing individual protection laws. Following the September 11″ terrorist attacks, the United States adopted the Aviation and Transportation Security Act1, requiring that airlines flying into the territory of the United States transfer passenger data to U.S. customs and immigration services. However, this kind of international transfer of European passenger data may be inconsistent with EU data protection legislation. The Agreement between the European Community and the United States to coordinate the transfer of certain airline passenger data and the accompanying Council Decision constitute an attempt to reconcile international security needs with concerns for passenger information protection.