Despite the maelstrom of negative public opinion generated by the draft European Union-U.S. passenger name record (PNR) data transfer deal signed last week, a European Commission leader July 3 suggested the EU's counter-terrorism efforts could benefit from a home-grown PNR system.

Referring to the foiled U.K. terrorist attacks last week, Franco Frattini, EC vice president for freedom, security and justice, said, "The facts of this weekend are not yet known, but most terrorist plots involve home-grown radicalized youngsters traveling to and from other parts of the world." As a solution, Frattini added, "I suggest that all member states should equip themselves with a PNR system and share information with others when relevant."

This marks a radical shift for the EU, where data collected for a commercial transaction, such as the purchase of an airline ticket, must be deleted once the transaction is completed and cannot be used for other purposes, except when member states determine the data are necessary for national defense or public security (DAILY, May 21). European objections to the recently initialed draft deal with the U.S. have centered on concerns that data collected by the Dept. of Homeland Security may be used by U.S. government agencies for purposes other than counter-terrorism efforts.

While negotiating this new deal, European officials pushed for provisions that ensured the data DHS collected would be adequately safeguarded. The draft deal protects PNR data "in accordance with applicable U.S. laws, constitutional requirements and without unlawful discrimination," according to a copy of the agreement obtained by The DAILY. Additionally, the draft accord requires both sides to review the agreement periodically in order to ensure compliance.

U.S. authorities reiterated their stance that PNR data are effective tools in countering terrorism. "Traveler screening programs like PNR are incredibly important for detecting potential security risks and restricting terrorist travel," Homeland Security spokeswoman Laura Keehner said, adding "[DHS] would consider it fair and appropriate if a similar approach to PNR screening were to be adopted overseas."

For a European PNR process to work for the airline industry, it must be a single, harmonized system, not one that is decided at the member states level, said Doug Lavin, IATA regional vice president-North America. The system should work with existing airline systems to function effectively, he said.

IATA has numerous applications pending with DOT to change the airlines' contracts of carriage to notify passengers that their data are being submitted to the government, Lavin said. These changes would bring ticketing procedures in line with the agreement, which said the two governments would "encourage airlines to reference and incorporate" such notices into the contracts of carriage.

Referring to the draft PNR agreement signed last week and also to a possible intra-EU PNR system, Lavin said IATA's main goal is to avoid the "untenable situation" of not complying with the law in either the U.S. or the EU. The industry is committed to working with both governments to ensure compliance, he said.

The U.S. Air Transport Association seconded this. "Airlines support aviation security measures but also want to ensure that passenger privacy is respected," an ATA spokeswoman said. "Airlines don't want to be subjected to contradictory legal requirements."