Data Privacy and Protection

Officials from the United States and Germany have initialed a bilateral agreement related to sharing access to biometric data and spontaneous sharing of data about known and suspected terrorists. At a bilateral ceremony March 11 in Berlin, Attorney General Michael B. Mukasey and Secretary of Homeland Security Michael Chertoff joined the German Interior Minister Wolfgang Schäuble and Justice Minister Brigitte Zypries in initialing the agreement. The agreement gives the countries mutual access to fingerprint databases for the purpose of determining if evidence in them could be helpful in criminal investigations and prosecutions. It also sets forth procedures for obtaining that evidence through lawful processes, while ensuring that personal data is appropriately protected.

(left to right) Commission Vice President Franco Frattini, Homeland Security Secretary Michael Chertoff, Civil Liberties Committee Vice Chair Philip Bradbourn, and German Interior Minister Wolfgang Schauble address the press after a meeting with the European Parliament's Civil Liberties Committee in Brussels on May 14, 2007. Photo: Barry Bahler, Department of Homeland Security.Homeland Security Secretary Michael Chertoff reached out May 14, 2007, to members of the European Parliament and the media in Brussels in an effort to allay European concerns about the collection of airline passenger data as part of the U.S. fight against terrorism. In remarks before the Parliament's Civil Liberties committee, he said that access to this information had been crucial to helping prevent terrorist acts. If such data been available ahead of the September 11 attacks, he noted, U.S. authorities would have been able to find links between 11 of the 19 suicide hijackers. (Video/Audio)

Homeland Secrurity Secretary Chertoff (third from left) Addresses the European Parliament's Civil Liberties Committee in Brussels, Belgium, on May 14, 2007. Photo: Barry Bahler, Department of Homeland SecurityWhen he was in Brussels, the U.S. and European Union were in the process of negotiating a accord on the transfer of passenger name records (PNR), to replace an interim agreement that expired July 31 (subsequent announcement of agreement; text). "It is difficult in the face of that clear tragic lesson of history to abandon a tool which at minimal cost of civil liberty has the tremendous potential to save lives," Chertoff, who appeared with Commission Vice President Franco Frattini and German Interior Minister Wolfgang Schäuble, told the members of parliament.

Homeland Security Secretary Michael Chertoff and British Home Secretary Jacqui Smith held a press availability February 11 after a meeting in Washington, D.C. They discussed the fight against terrorism, ways of working together in the longer term to deter people from turning to violent extremism, and took questions on the U.S. Visa Waiver Program and travel security issues.

2008: U.S.'s Chertoff, Belgium's De Gucht Discuss Terrorism, Data Privacy at GMF Event (Mar 16, 2008) | U.S., Germany Agree to Share Fingerprint Databases and Terrorist Information (Mar 11, 2008) | Homeland Security's Chertoff, Britain's Interior Minister Discuss Travel Security Issues (Feb 11, 2008)

Hugo Teufel, Chief Privacy Officer at the U.S. Department of Homeland Security (left) and Jane Horvath, Chief Privacy Officer at the Department of Justice, speak at a media roundtable in Brussels, May 7, 2007. Photo: Marijke HendrickxJane Horvath, Chief Privacy Officer at the U.S. Department of Justice, and Hugo Teufel, Chief Privacy Officer at the Department of Homeland Security, were in Brussels the week of May 7 to discuss U.S. data privacy protection and legislation. They met with a number of members of the European Parliament’s Civil Liberties committee, European Union Data Protection Supervisor Peter Hustinx, European Commission Director General for Justice, Freedom and Security Jonathan Faull and other EU officials, and industry experts. They also spoke at an event at The Centre think tank and to the media (Video/Audio).

2007:  Secretary Chertoff on the Beginning of 10 Fingerprint Collection at U.S. Airports (Dec 10, 2007) (DHS Press Release) | Secretary Chertoff Discusses the Emerging Transatlantic Consensus on Security, Fighting Terrorists (Nov 29, 2007) | Federal Register Notice of U.S.-EU Exchange of Letters on Terrorist Finance Tracking Program/SWIFT (Oct 23, 2007) | Marking the Sixth Anniversary of the September 11 Attacks (Sep 11, 2007) | DHS Announces Pre-departure Screening of Passengers, First Step Toward Secure Flight (Aug 10, 2007) (Secretary Chertoff Press Conference) | Homeland Security's Chertoff Announces Signing of Passenger Name Record Deal with EU (Text of Agreement) | EU, U.S. Reach Agreement on Passenger Name Record (PNR) Data (Jul 23, 2007) (Text of Agreement) | U.S., EU Initial Agreement on Transfer of Air Passenger Data (Jul 5, 2007) | Homeland Security's Chertoff Addresses European Parliament Committee on Data Transfer, Privacy (May 14, 2007) (Video/Audio) (Secretary Chertoff's Letter to the Civil Liberties Committee) | Press Conference with U.S.'s Chertoff, Commission's Frattini and Germany's Schaüble (May 14, 2007) (Video/Audio) | Homeland Security's Chertoff Discusses Data Privacy, Transfer in Media Roundtable (May 14, 2007) | Germany's Schäuble on Close EU-U.S. Counterterrorism Cooperation (May 14, 2007) | Chief U.S. Data Privacy Officers Reach Out to EU (May 7, 2007) (Video/Audio) | Homeland Security's Chertoff Discusses Fight Against Terrorism, Travel Documents, Privacy (May 3, 2007) | FTC's Majoras on Building a Culture of Privacy and Security (Mar 7, 2007) | Treasury Cautious About Terrorist Finance Data Collection Program (Jan 22, 2007) | Treasury Report on Reporting of Cross-border Wire Transfer Data (Jan 17, 2007) | DHS to Launch Traveler Redress Inquiry Program (Jan 17, 2007) | Federal Register Notice of the U.S.-EU Interim Passenger Name Record Agreement (Jan 4, 2007)

The United States welcomed an agreement with the European Union on the sharing of data on trans-Atlantic passengers headed for the United States. Homeland Security Secretary Michael Chertoff said the interim agreement, reached October 6, 2006, and set to expire July 31, 2007, “promotes our joint goal of combating terrorism while respecting our joint commitment to fundamental rights and freedoms, notably privacy.” State Department deputy spokesman Tom Casey called it “a welcome step” and noted that both sides will continue to negotiate a long-term agreement on the sharing of passenger name record (PNR) data. Since 2004, airlines based in the EU have been providing information on passengers flying to the United States to U.S. authorities as directed by the Department of Homeland Security. The passenger information included up to 34 pieces of data on each person, including name, reservation date, travel agent, itinerary, form of payment, flight number and seating information. 

2006: DHS's Rosenzweig on U.S. Homeland Security Priorities in 2007 (Dec 20, 2006) | U.S., EU Sign EUROJUST Pact on Transnational Crime (Nov 11, 2006) (Press Conference transcript includes mention of creation of high-level data protection contact group) | Finnish Presidency Press Release on U.S.-EU Ministerial in Washington (Nov 6, 2006) | Commerce's Cresanti Urges Global Approach to Development of RFID Technology (Oct 16, 2006) | U.S., Europeans Agree on Sharing Airline Passenger Data (Oct 6, 2006) | Homeland Security's Chertoff Welcomes U.S.-EU Passenger Data Agreement (Oct 6, 2006) | EU Press Release on Passenger Name Record Data Agreement with the U.S. (Oct 6, 2006) | European Commission Air Passenger Data Statement (Oct 1, 2006) | Homeland Security's Chertoff on Passenger Name Record Talks with EU (Sep 30, 2006) | DHS's Mocny Reviews Use of Biometrics to Improve Travel Security, Immigration Policies (Sep 13, 2006) | Chertoff: U.S., Allies Cooperation to Enhance Security (Sep 8, 2006)

Representatives from the U.S. Department of Homeland Security (DHS) and the European Union held the first annual joint review of the Passenger Name Record (PNR) data-sharing agreement September 20-21, 2005, in Washington, D.C. The U.S.-EU PNR accord, concluded in May 2004, allows U.S. Customs and Border Protection (CBP), part of DHS, to collect certain data on passengers flying European airlines to or from the United States. As part of this agreement, CBP agreed to a series of Undertakings concerning the processing, use and retention of PNR data. The effective implementation of these Undertakings was to be reviewed annually. In a joint statement, the U.S. and EU delegations stated that they had completed two days of site visits and discussions, would analyze the different issues raised in order to ensure an effective follow-up, and planned to hold another such review in 2006.

2005: Technology Enhancements to Fingerprint Databases Increase Information to Federal, State and Local Partners (Sep 7, 2006 | Chertoff To Discuss Passenger Name Records at G8 Conference (Jun 12, 2006) | U.S. Seeks Europe's Aid in War on Terror, Justice's Gonzales Says (May 5, 2006) (Remarks) | U.S., EU Counterterror, Security Experts Outline Next Steps (Oct 7, 2005) | U.S., EU Conduct Review of PNR Accord Implementation (Sep 21, 2005) | U.S. Discusses Data Protection, Retention with EU Countries (Apr 14, 2005)

2004: U.S., EU Discuss Border, Transport Security, Data (Nov 23, 2004) | U.S. Publishes PNR Commitments in Federal Register (Jul 9, 2004) | U.S., EU Sign Passenger Data Collection Agreement (May 28, 2004) | U.S. Applauds EU Decision on Airline Passenger Data (May 19, 2004) | Ridge, EU Officials Discuss Passenger Data, Aviation Security (May 10, 2004) | U.S. Mission Defends U.S.-EU Air Passenger Data Accord (Apr 22, 2004)

2003: U.S., EU Agree on Data Transfer Related to Terrorism Fears (Dec 16, 2003) | Air Passenger Identification System Protects Privacy, U.S. Says (May 6, 2003)