The Canadian Privacy Law Blog: Developments in privacy law and writings of a Canadian privacy lawyer, containing information related to the Personal Information Protection and Electronic Documents Act (aka PIPEDA) and other Canadian and international laws.

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The author of this blog, David T.S. Fraser, is a Canadian privacy lawyer who practices with the firm of McInnes Cooper. He is the author of the Physicians' Privacy Manual. He has a national and international practice advising corporations and individuals on matters related to Canadian privacy laws.

For full contact information and a brief bio, please see David's profile.

Please note that I am only able to provide legal advice to clients. I am not able to provide free legal advice. Any unsolicited information sent to David Fraser cannot be considered to be solicitor-client privileged.

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The views expressed herein are solely the author's and should not be attributed to his employer or clients. Any postings on legal issues are provided as a public service, and do not constitute solicitation or provision of legal advice. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained herein or linked to. Nothing herein should be used as a substitute for the advice of competent counsel.

This web site is presented for informational purposes only. These materials do not constitute legal advice and do not create a solicitor-client relationship between you and David T.S. Fraser. If you are seeking specific advice related to Canadian privacy law or PIPEDA, contact the author, David T.S. Fraser.

Tuesday, June 20, 2006

Europe to continue sharing passenger records with US 

According to Computerworld, European authorities have supposedly found a way around European privacy laws to allow the continued sharing of air passenger personal information with American law enforcement:

Europe to continue sharing passenger records with US:

June 19, 2006 (IDG News Service) -- Two weeks after Europe’s highest court overturned a European Union agreement to share passenger data with American authorities, the European Commission has proposed a new law that does much the same as the one that was annulled.

The Commission, the Union’s executive body, agreed Monday to propose a new law that uses different legal grounds to have the same effect: it will allow European airlines to share personal information about their passengers flying to the U.S. with U.S. customs and security officials.

Normally it would be illegal under Europe-wide privacy laws for a company to share European citizens’ personal data with a country with weaker data protection laws such as the U.S. However, after the attacks of Sept.11, 2001, mounted using commercial airline flights, American authorities demanded the information.

Airlines would be fined or worse, denied landing slots by American aviation authorities if they failed to provide the information, which includes details such as name, address and credit card information. But they would be sued in Europe for breaking data protection law if they did provide the Americans with the information.

To avoid havoc in the airline industry and a potential disruption of transatlantic flights, the Commission and the 25 national governments passed a law allowing the handover of most of the information the U.S. demanded....

For a bit o' background, check out: The Canadian Privacy Law Blog: European court blocks passenger data sharing deal with US.

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