INDEPENDENT NEWS

Cablegate: Czechs Transfering Pnr Data Under Legal Limbo

Published: Wed 4 Oct 2006 02:31 PM
VZCZCXRO9617
RR RUEHAST
DE RUEHPG #1230 2771431
ZNR UUUUU ZZH
R 041431Z OCT 06
FM AMEMBASSY PRAGUE
TO RUEHC/SECSTATE WASHDC 8056
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUCPDOC/DEPT OF COMMERCE WASHDC
RUEHBS/USEU BRUSSELS
RUEAWJA/DEPT OF JUSTICE WASHDC
RHEFHLC/DEPT OF HOMELAND SECURITY WASHDC
UNCLAS PRAGUE 001230
SIPDIS
SIPDIS
STATE FOR EUR/NCE ERIC FICHTE, EB/TRA
COMMERCE FOR ITA/MAC/EUR MIKE ROGERS
DHA FOR TSA
USEU FOR MORENSKI
E.O. 12958: N/A
TAGS: EAIR PTER CAIO EZ
SUBJECT: CZECHS TRANSFERING PNR DATA UNDER LEGAL LIMBO
REF: A. PRAGUE 00804
B. BRUSSELS 01829
1. Despite the passing of the European Court of Justice
September 30 deadline for the nullification of the U.S. -
E.U. passenger name record (PNR) agreement, the Czech
national airline, CSA, continues to transfer passenger
records to U.S. authorities but without the consent and legal
cover of the Czech Office for Personal Data Protection.
According to the Office's Head of Registration Division David
Burian, CSA's application for transferring passenger records
is pending. CSA applied for transfer
authority on September 12, but Burian said the application
remains incomplete and CSA promises to comply. Burian is
aware of CSA's current transfers and respects the practice,
but cannot grant legal authority or cover to do so until he
has a completed application from CSA. He indicated that his
office would likely grant temporary transfer authority for
six-month intervals, but would not directly say so given
CSA's pending status.
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