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back to article Brussels downbeat on US passenger snoop plan

Transatlantic talks over the US grab for European personal data in its war on terror are floundering, the European Parliament heard yesterday. US negotiators have told the Europeans that an agreement over its demand for Passenger Name Records isn't necessary, possibly putting a deal beyond the reach of the German Presidency of …

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Anonymous Coward

Throw the CEO of SWIFT in Jail

Lock up the CEO of SWIFT exactly like the Americans locked up the CEOs of gambling related companies. You'll see sudden obedience of EU Privacy laws and companies will magically remember their duties to the EU.

Words are worthless with this neocon lot, they're not even abiding by their own laws. EU has to fight our corner or USA will walk all over us.

SWIFT are a natural target, the CEO is EU resident, they broken lots of EU laws, their story is inconsistent (claiming both that they received subpoenas and that they didn't need them because they're not a financial institution).

US citizens are also protected by the 'right to financial privacy act' which blocks fishing expeditions and requires a letter is sent to anyone whose records are handed over to security agencies to inform them of the fact. (1112b).

"(b) When financial records subject to this title are transferred pursuant to subsection (a), the transferring agency or department shall, within fourteen days, send to the customer a copy of the certification made pursuant to subsection (a) and the following notice"

There's also no doubt SWIFT come under this law, it specifically includes AGENTS of financial institutions, which is what SWIFT is.

"SEC. 1103. (a) No financial institution, or officer, employees, or AGENT OF a financial institution, may provide to any Government authority access to or copies of, or the information contained in, the financial records of any customer except in accordance with the provisions of this title. "

http://www.fdic.gov/regulations/laws/rules/6500-2550.html

SWIFT are up to their neck in it and if they don't get prosecuted then who will? What happens when banks are sending EU leaders bank records to USA. What happens when hospitals are sending medical records for Europeans to USA? ISPs logging and sending emails to USA? They'll point to the SWIFT case, and it will be far more difficult to prosecute them.

Still happy with the USA? What happens when they're sending info to China under pressure of the Chinese? Or Russia under pressure from the Russians? These large corps operate in many markets and if they cave to one countries pressure, they'll cave to others too.

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Anonymous Coward

swift have nothing to do with PNR...

Errr... I agree that action should be taken against SWIFT but am not clear that it has much to do with this story on airline passenger data other than the similarity of the US browbeating everyone outside the US... Have you guys ruled out voting for a different party next time? Almost anyone will do from my perspective! :-)

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Anonymous Coward

SWIFT has everything to do with PNR

The data is handed over by companies, in this case the airlines, in other case SWIFT.

When Baker came with his 'new expanded' interpretation, the companies concerned handed the data over based on his expanded definition WITHOUT FURTHER AGREEMENT FROM THE EU.

There is no negotiation between EU and US, there is only US decides and EU meekly complies. The reason for this is that the companies concerned do not fear EU privacy legislation.

That's why the need to make an example of the SWIFT CEO, if the multinationals fear prosecution in the EU, they'll suddenly remember their obligations to us.

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