U.S. and EU Agreement on Passenger Data

On May 11, 2004, the Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) issued the document set forth below (the "Undertakings"). These Undertakings contain a set of representations regarding the manner in which CBP will handle certain Passenger Name Record (PNR) data relating to flights between the United States and EU member states, access to which is required under U.S. law (49 U.S.C. 44909).

These Undertakings provide the framework within which the European Union (EU) was able to approve several measures which the EU requires to permit the transfer of such PNR data to CBP, consistent with EU law. On May 17, 2004, the European Commission announced that it had issued an "adequacy finding" decision for the transfer of such PNR data to CBP, and a related international agreement was also approved by the European Council for execution on May 28, 2004.

DHS wishes to provide the public with notice of the issuance of this document upon which the EU has based these very important decisions. ...

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U.S. Department of Homeland Security

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