Note to the reader:‘The language versions of the Agreement,other than the English language version,have not yet been approved by the Parties.Once the other language versions have been approved,they will be equally authentic.’
眼线笔怎么削AGREEMENT
between the European Union and the United States of America on the processing and transfer of Pasnger Name Record(PNR)data by air carriers to the United States Department of Homeland
Security(DHS)(2007PNR Agreement)雕像英文
THE EUROPEAN UNION
and
THE UNITED STATES OF AMERICA,
DESIRING to prevent and combat terrorism and transnational crime effectively as a means of protecting their respective democratic societies and common values,
RECOGNISING that information sharing is an esntial component in the fight against terrorism and transnational crime and that in this context the u of PNR data is an important tool,
RECOGNISING that,in order to safeguard public curity and for law enforcement purpos,rules should be laid down on the transfer of PNR data by air carriers to DHS,
RECOGNISING the importance of preventing and combating terrorism and related crimes,and other rious crimes that are transnational in nature,including organid crime,while respecting fundamental rights and freedoms,notably privacy,
RECOGNISING that U.S.and European privacy law and policy share a common basis and that any differences in the implementation of the principles should not prent an obstacle to cooperation between the U.S.and the European Union(EU),
HAVING REGARD to international conventions,U.S.statutes,and regulations requiring each air carrier operating pasnger flights in foreign air transportation to or from the United States to make PNR data available to DHS to the extent they are collected and contained in the air carrier’s automated rervation/departure control systems(hereinafter rervation systems),and comparable requirements implemented in the EU,
HAVING REGARD to Article6paragraph2of the Treaty on European Union on respect for fundamental rights,and in particular to the related right to the protection of personal data,
NOTING the former agreements regarding PNR between the European Community and the United States of America of 28May2004and between the European Union and the United States of America of19October2006,
HAVING REGARD to relevant provisions of the Aviation Transportation Security Act of2001,the Homeland Security Act of2002,the Intelligence Reform and Terrorism Prevention Act of2004and Executive Order13388regarding cooperation between agencies of the United States government in combating terrorism,as well as the Privacy Act of 1974,Freedom of Information Act and the E-Government Act of2002,
NOTING that the European Union should ensure that air carriers with rervation systems located within the European Union make available PNR data to DHS and comply with the technical requirements for such transfers as detailed by
AFFIRMING that this Agreement does not constitute a precedent for any future discussions or negotiations between the United States and the European Union,or between either of the Parties an
d any State regarding the processing and transfer of PNR or any other form of data,
SEEKING to enhance and encourage cooperation between the Parties in the spirit of transatlantic partnership,
HAVE AGREED AS FOLLOWS:
(1)On the basis of the assurances in DHS’s letter explaining
its safeguarding of PNR(the DHS letter),the European
Union will ensure that air carriers operating pasnger
flights in foreign air transportation to or from the
United States of America will make available PNR data
contained in their rervation systems as required by
DHS.
(2)DHS will immediately transition to a push system for the
transmission of data by such air carriers no later than1
January2008for all such air carriers that have imple-
mented such a system that complies with DHS’s technical
requirements.For tho air carriers that do not
implement such a system,the current systems shall
remain in effect until the carriers have implemented a
system that complies with DHS’s technical requirements.
Accordingly,DHS will electronically access the PNR from
air carriers’rervation systems located within the
territory of the Member States of the European Union
until there is a satisfactory system in place allowing for
the transmission of such data by the air carriers.
(3)DHS shall process PNR data received and treat data
subjects concerned by such processing in accordance
with applicable U.S.laws,constitutional requirements,
and without unlawful discrimination,in particular on
the basis of nationality and country of residence.The
DHS’s letter ts forth the and other safeguards.
(4)DHS and the EU,will periodically review the implemen-
tation of this Agreement,the DHS letter,and U.S.and EU
PNR policies and practices with a view to mutually
defection
assuring the effective operation and privacy protection
of their systems.
(5)By this Agreement,DHS expects that it is not being asked
to undertake data protection measures in its PNR system
that are more stringent than tho applied by European
authorities for their domestic PNR systems.DHS does notunionpay
ask European authorities to adopt data protection
measures in their PNR systems that are more stringent
than tho applied by the U.S.for its PNR system.If its
expectation is not met,DHS rerves the right to suspend
relevant provisions of the DHS letter while conducting
consultations with the EU with a view to reaching a
PNR system is implemented in the European Union or in
one or more of its Member States that requires air
carriers to make available to authorities PNR data for
persons who travel itinerary includes a flight to or
from the European Union,DHS shall,strictly on the
basis of reciprocity,actively promote the cooperation of
the airlines within its jurisdiction.
(6)For the application of this Agreement,DHS is deemed to
ensure an adequate level of protection for PNR data
transferred from the European Union.Concomitantly,
the EU will not interfere with relationships between the
United States and third countries for the exchange of
pasnger information on data protection grounds.
(7)The U.S.and the EU will work with interested parties in
the aviation industry to promote greater visibility for
notices describing PNR systems(including redress and
collection practices)to the travelling public and will
encourage airlines to reference and incorporate the
notices in the official contract of carriage.
(8)The exclusive remedy if the EU determines that the U.S.
has breached this Agreement is the termination of this
Agreement and the revocation of the adequacy determi-
nation referenced in paragraph6.The exclusive remedy if
the U.S.determines that the EU has breached this
agreement is the termination of this Agreement and the
revocation of the DHS letter.
(9)This Agreement will enter into force on the first day of
the month after the date on which the Parties have
exchanged notifications indicating that they have
免费经期卫生用品completed their internal procedures for this purpo.
This Agreement will apply provisionally as of the date
of signature.Either Party may terminate or suspend this
Agreement at any time by notification through
diplomatic channels.Termination will take effect30
days from the date of notification thereof to the other
Party unless either Party deems a shorter notice period
esntial for its national curity or homeland curity
interests.This Agreement and any obligations thereunder
will expire and cea to have effect ven years after the
date of signature unless the parties mutually agree to
bramble
This Agreement is not intended to derogate from or amend the laws of the United States of America or the European Union or its Member States.This Agreement does not create or confer any right or benefit on any other person or entity,private or public.
This Agreement shall be drawn up in duplicate in the English language.It shall also be drawn up in the Bulgarian,Czech,Danish,Dutch,Estonian,Finnish,French,German,Greek,Hungarian,Italian,Latvia
overallsn, Lithuanian,Malte,Polish,Portugue,Romanian,Slovak,Slovenian,Spanish,and Swedish languages, and the Parties shall approve the language versions.Once approved,the versions in the languages shall be equally authentic.
Done at Brusls,23July2007and at Washington,26July2007.
For the European Union For the United States of America
US letter to EU
Mr Luis Amado
President of the Council of the European Union
175Rue de la Loi
1048Brusls
Belgium
In respon to the inquiry of the European Union and to reiterate the importance that the United States government places on the protection of individual privacy,this letter is intended to explain how the United States Department of Homeland Security(DHS)handles the collection,u and storage of Pasnger Name Records(PNR).None of the policies articulated herein create or confer any right or benefit on any person or party,private or public,nor any remedy other than that specified in the Agreement between the EU and the the processing and transfer of PNR by air carriers to DHS signed in July2007(the Agreement).Instead,this letter provides the assurances and reflects the policies which DHS applies to PNR data derived from flights between the U.S.and European Union(EU PNR)under U.S.law.
I.Purpo for which PNR is ud:
DHS us EU PNR strictly for the purpo of preventing and combating:(1)terrorism and related crim
es;(2)other rious crimes,including organized crime,that are transnational in nature;and(3)flight from warrants or custody for crimes described above.PNR may be ud where necessary for the protection of the vital interests of the data subject or other persons,or in any criminal judicial proceedings,or as otherwi required by law.DHS will advi the EU regarding the passage of any U.S.legislation which materially affects the statements made in this letter.
II.Sharing of PNR:
DHS shares EU PNR data only for the purpos named in Article I.
DHS treats EU PNR data as nsitive and confidential in accordance with U.S.laws and,at its discretion,provides PNR data only to other domestic government authorities with law enforcement,public curity,or counterterrorism functions, in support of counterterrorism,transnational crime and public curity related cas(including threats,flights,individuals and routes of concern)they are examining or investigating,according to law,and pursuant to written understandings and U.S.law on the exchange of information between vernment authorities.Access shall be strictly and carefully limited to the cas described above in proportion to the nature of the ca.
EU PNR data is only exchanged with other government authorities in third countries after consideration of the recipient’s intended u(s)and ability to protect the information.Apart from emergency circumstances,any such exchange of data occurs pursuant to express understandings between the parties that incorporate data privacy protections comparable to tho applied to EU PNR by DHS,as described in the cond paragraph of this article.
III.Types of information collected:
Most data elements contained in PNR data can be obtained by DHS upon examining an individual's airline ticket and other travel documents pursuant to its normal border control authority,but the ability to receive this data electronically significantly enhances DHS’s ability to focus its resources on high risk concerns,thereby facilitating and safeguarding bona fide travel.
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Types of EU PNR Collected:
1.PNR record locator code
2.Date of rervation/issue of ticket
3.Date(s)of intended travel
5.Available frequent flier and benefit free tickets,upgrades,etc.)
6.Other names on PNR,including number of travelers on PNR
7.All available contact information(including originator information)
8.All available payment/billing information(not including other transaction details linked to a credit card or account
and not connected to the travel transaction)
9.Travel itinerary for specific PNR
10.Travel agency/travel agent
11.Code share information
12.Split/divided information
13.Travel status of pasnger(including confirmations and check-in status)
14.Ticketing information,including ticket number,one-way tickets and Automated Ticket Fare Quote
15.All baggage information
16.Seat information,including at number女乘务员
17.General remarks including OSI,SSI and SSR information
18.Any collected APIS information
19.All historical changes to the PNR listed in numbers1to18
To the extent that nsitive EU PNR personal data revealing racial or ethnic origin,political opinions,religious or philosophical beliefs,trade union membership,and data concerning the health or x life of the individual),as specified by the PNR codes and terms which DHS has identified in consultation with the European Commission,are included in the above types of EU PNR data,DHS employs an automated system which filters tho nsitive PNR codes and terms and does not u this information.Unless the data is accesd for an exceptional ca,as described in the next paragraph,DHS promptly deletes the nsitive EU PNR data.
If necessary,in an exceptional ca where the life of a data subject or of others could be imperilled or riously impaired, DHS officials may require and u information in EU PNR other than tho listed
above,including nsitive data.In that event,DHS will maintain a log of access to any nsitive data in EU PNR and will delete the data within30days once the purpo for which it has been accesd is accomplished and its retention is not required by law.DHS will provide notice normally within48hours to the European Commission(DG JLS)that such data,including nsitive data,has been
IV.Access and redress:
DHS has made a policy decision to extend administrative Privacy Act protections to PNR data stored in the ATS regardless of the nationality or country of residence of the data subject,including data that relates to European citizens.Consistent with U.S.law,DHS also maintains a system accessible by individuals,regardless of their nationality or country of residence,for providing redress to persons eking information about or correction of PNR.The policies are accessible on the DHS website,v.
Furthermore,PNR furnished by or on behalf of an individual shall be disclod to the individual in accordance with the U.S.Privacy Act and the U.S.Freedom of Information Act(FOIA).FOIA permits any person(regardless of nationality or country of residence)access to a U.S.federal agency’s records,except to the extent such records(or a portion thereof)are protected from disclosure by an ap
plicable exemption under the FOIA.DHS does not disclo PNR data to the public, except to the data subjects or their agents in accordance with U.S.law.Requests for access to personally identifiable information contained in PNR that was provided by the requestor may be submitted to the FOIA/PA Unit,Office of Field Operations,U.S.Customs and Border Protection,Room5.5-C,1300Pennsylvania Avenue,NW,Washington,DC20229 (phone:(202)344-1850and fax:(202)344-2791).
In certain exceptional circumstances,DHS may exerci its authority under FOIA to deny or postpone disclosure of all or part of the PNR record to a first part requester,pursuant to Title5,United States Code,Section552(b).Under FOIA any requester has the authority to administratively and judicially challenge DHS’s decision to withhold information.
V.Enforcement:
日语翻译成中文Administrative,civil,and criminal enforcement measures are available under U.S.law for violations of U.S.privacy rules and unauthorized disclosure of ds.Relevant provisions include but are not limited to Title18,United States Code,Sections641and1030and Title19,Code of Federal Regulations,Section103.34.
VI.Notice:
DHS has provided information to the travelling public about its processing of PNR data through publications in the Federal Register and on its website.DHS further will provide to airlines a form of notice concerning PNR collection and redress practices to be available for public display.DHS and the EU will work with interested parties in the aviation industry to promote greater visibility of this notice.
VII.Data retention:
DHS retains EU PNR data in an active analytical databa for ven years,after which time the data will be moved to dormant,non-operational status.Data in dormant status will be retained for eight years and may be accesd only with approval of a nior DHS official designated by the Secretary of Homeland Security and only in respon to an identifiable ca,threat,or risk.We expect that EU PNR data shall be deleted at the end of this period;questions of whether and when to destroy PNR data collected in accordance with this letter will be addresd by DHS and the EU as part of future discussions.Data that is related to a specific ca or investigation may be retained in an active databa until the ca or investigation is archived.It is DHS’intention to review the effect of the ret
ention rules on operations and investigations bad on its experience over the next ven years.DHS will discuss the results of this review with the EU.
The above mentioned retention periods also apply to EU PNR data collected on the basis of the Agreements between the EU and the U.S.,of May28,2004and October19,2006.
VIII.Transmission:
Given our recent negotiations,you understand that DHS is prepared to move as expeditiously as possible to a‘push’system of transmitting PNR from airlines operating flights between the EU and the DHS.Thirteen airlines have already adopted this approach.The responsibility for initiating a transition to‘push’rests with the carriers,who must make resources available to migrate their systems and work with DHS to comply with DHS’s technical requirements.DHS will immediately transition to such a system for the transmission of data by such air carriers no later than January1, 2008for all such air carriers that have implemented a system that complies with all DHS technical requirements.For tho air carriers that do not implement such a system the current system shall remain in effect until the air carriers have implemented a system that is compatible with DHS technical requirements for the transmission of PNR data.The transition to a‘push’system,however,does not confer on airlines any discretion to decide when,how or what data
