The Slovenia Times

Green Light to Controversial Data Deal with the US

Nekategorizirano

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Retention period and purpose

Under the new agreement, US authorities will keep PNR data in an active database for up to five years. After the first six months, all information which could be used to identify a passenger would be "depersonalised", meaning that data such as the passenger's name or his/her contact information would be codified.
After the first five years, the data will be moved to a "dormant database" for up to 10 years, with stricter access requirements for US officials. Thereafter, the agreement says, data would be fully "anonymised" by deleting all information which could serve to identify the passenger. Data related to any specific case will be retained in an active PNR database until the investigation is archived. PNR data will be used mainly to prevent, detect, investigate and prosecute terrorism and serious transnational crimes. Transnational crimes are defined as crimes punishable by three years of imprisonment or more under US law. PNR data will also serve "to identify persons who would be subject to closer questioning or examination".

Sensitive data

Sensitive data such as that revealing the ethnic origin, religious beliefs, physical or mental health or sexual orientation of a passenger could be used in exceptional circumstances when a person's life is at risk. This data is most frequently tied to the choice of a religious meal or requests for assistance due to a medical condition. This data will be accessed only on a case-by-case basis and will be permanently deleted after 30 days from receipt, unless it is used for a specific investigation.
Judicial redress
Should their data be misused, EU citizens will have the right to administrative and judicial redress in accordance with US law. They will also have the right to access their own PNR data and seek rectification by the Department of Homeland Security (DHS), including the possibility of erasure, if the information is inaccurate.

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