The Glass Passenger

The new agreement between the European Union and the U.S. on flight passenger data promises more data security, but basically remains one thing only: A data leak that profits the United States.

When European air travelers set foot on American soil in the future, many of their private details will already be known to various U.S. government agencies. Name, address, seat number, credit card account details and even any special meal requests made at the time of booking will have been collected and will be stored in U.S. computers for up to 15 years. The European Union parliament, in approving this agreement, has made itself a willing partner of the U.S. intelligence services. The CIA says it will use the data in its search for terrorists or criminals.

The parliamentarians justify signing the agreement by claiming that it offers far more data protection measures than the old agreement that had been approved in 2007. But “more” just isn’t enough, by any means. For that reason, the German government has been reminded by the federal constitutional court that the data collected and stored must be proportionate. That doesn’t exactly describe the laundry list of data approved. It creates the “glass passenger” and also creates a great deal of latitude for U.S. agencies that can’t be comprehensively controlled by the EU commission, much less by the passenger, whose rights of appeal are virtually nonexistent under the agreement.

The weaknesses in the agreement are apparent. The stated goal — prevention of terror and criminal activity — is already nebulously formulated right from the start. When and how the data are used will be determined solely by the Americans; there are few rules that control sharing of the data with third parties. European data protection agencies will also not be involved in determining whether the terms of the agreement are adhered to when applied.

Even those who can honestly claim to have nothing to hide and are concerned about their own security should be concerned by this agreement. When it comes to data protection, the United States is still a developing country dismissing the admonition of its own Benjamin Franklin, who said, “Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.”