The
agreement will oblige airlines flying from the EU to Canada to
transfer selected passenger data to the Canadian authorities, in
order to help identify passengers who could present a security
threat.
It follows a more controversial deal signed with the US last
May.
The US deal was criticised because the US does not meet general
EU data protection requirements and because the agreement itself
does not provide provide sufficient protection, in terms of EU law,
for European passengers travelling to the US.
That deal was pushed through despite objections from the
European Parliament, which has since challenged the legality of the
agreement in the European Court of Justice. The case is still
pending.
The Canadian deal is less controversial because Canada is one of
the few countries that is recognised by the EU as having adequate
data protection, while the agreement itself is less demanding than
that agreed with the US.
It includes a commitment from Canada to ensure rights of
recourse for Canadian and non-Canadian passengers should they
dispute the way in which their data has been recorded or handled;
it requires fewer items of data to be transferred in respect of
each passenger and provides that the data transfer will take place
by means of the “push” system rather than the “pull” system.
This means that the Canadian authorities have to ask for the
information rather than having immediate access to it.
Despite approving the content of the agreement, the European
Parliament still rejected the deal in July, on the grounds that the
Commission should not sign any more passenger data agreements until
the European Court of Justice has ruled on the legality of the US
deal.
However, the Parliament's rejection was not binding on the
Commission.
“I am pleased to be signing this agreement today, after over two
years of painstaking work,” said Benita Ferrero-Waldner,
Commissioner for External Relations and European Neighbourhood
Policy, yesterday. "By combining high security standards with
protection for civil liberties, the agreement represents the latest
concrete expression of the EU and Canada’s shared commitment to
tackling global security threats such as terrorism in a manner
consistent with the principles and values of our democracies."
The Agreement will enter into force once notes have been
exchanged confirming that the Canada has completed the regulatory
changes necessary for full implementation.
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