"The agreement is supposed to provide a legal basis for carriers to transfer personal data to US authorities, as well as ensure adequate protection of personal data and rights of EU citizens. On the latter it fails miserably", says Sophie in 't Veld (Netherlands, D66), rapporteur on PNR. On Thursday the European Parliament will adopt a resolution on the agreement between the European Union and the United States on the transfer of private data of EU citizens flying to the US (Passenger Name Records, PNR). The European Liberals and Democrats are critical of this agreement.

The agreement is not legally binding, and explicitly does not confer any rights on any person. The definition of purpose is counter terrorism, but there are many loopholes that allow for the data to be used for all sorts of other, unspecified purposes. The data can be used for the automated allocation of risk profiles. There are no proper rules governing the forwarding of data to other countries, nor is it specified which US services have access.

In 't Veld is not impressed by the claims of the Commission that it has managed to reduce the number of data down from 34 to 19. "A quick comparison shows it is a cosmetic reduction. The data are the same, but they have been merged into fewer data fields. It is a con trick.

In 't Veld is also highly critical of the lack of democratic oversight. "The recommendations of the European Parliament have been ignored. Those national parliaments that get to approve the agreement got only summary information and hardly any time for an in-depth debate. They can only say Yes or Yes. It is a farce."

In ´t Veld was also dismayed that Commissioner Frattini floated plans for a series of new anti-terrorist measures, including an EU-wide air passengers name recording system (PNR), two days after the failed terrorist attacks in the UK. "Implying there is a link between PNR and these shocking incidents is improper."

"How can we introduce the same measures as the United States without knowing their effectiveness? There has never been an evaluation of the key question: to what degree does the use of PNR help in the fight against terrorism? We never got any evidence for it. The European Union is supposed to be a Community of values of which the right to privacy is an important one. Sharing information to catch bad guys: yes, of course. Giving unlimited, uncontrolled powers to government: no, that has no place in a modern democracy"