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Choice must be offered to individuals, allowing them to choose (opt out) whether and how their personal information is disclosed to third parties or used for purposes which differ from the ones which were originally noti.ed;
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Onward transfer of personal data by organizations to third parties must be consistent with the principles of notice and choice;
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Security of personal data must be maintained using reasonable precautions;
addition, prior to implementing any online processes, the Customs Service will agree to
appropriate security protocols with the carrier.
(4) No carrier shall be obliged to change or modify its computer systems (hardware or software) in order to comply with a general or speci.c request, unless the changes or modi.cations and the allocation of the cost of making them are agreed in advance between the carrier and the Customs Service.
394British Airways letter date 26 August 2002 (not published): “There appears to be nothing in the Interim Rule to protect the security and integrity of the carrier’s systems. This is essential for British Airways to have con.dence that cooperation will protect the integrity of its departure control systems and the legitimate rights and interests of its passengers. The Rule should provide such protection and British Airways respectfully requests the Customs Service agree to a security protocol prior to any direct systems access[...]British Airways requests that the agreements be .nalized before access is activated”.
395Unof.cial letterby Virgin Atlantic Airways Ltd. dated 30 August 2002.
396Frash.elds Bruckhaus Deringer. “Data Protection,” online: http://www/fresh.elds.com/prac
tice/ipit/publications/22367.pdf (date accessed: 6 February 2003).
D. The Passenger Name Record
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Data integrity must be ensured so that personal data is relevant for the purposes for which it used, not processed in ways which are incompatible with the purposes for which it has been collected and steps taken to ensure that it remains accurate;
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Access to personal data must be maintained so that individuals can ensure that it is corrected or deleted where inaccurate;
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Enforcement should be available through independent recourse mechanisms to deal with complaints, disputes and remedies, and provide suf.ciently rigorous sanctions to ensure compliance.397
BA’s charter counterpart, Britannia, had mentioned to the American authorities that it was not able to comply with the interim rule on passenger name records requirements because it did not process the necessary computerized reservation system.398 Furthermore, in regards to API, it urged the US Customs Agency to waive applicability of data transmission on .ights that are not bound for the US. It should also consider reducing the penalties imposed on air carriers if compliance cannot be performed on time. The time frame allotted to airlines in regards to changing their reservation systems is also an aspect that should be considered for API transmission.
5. The Australian Position
The Australia Immigration and Customs have already implemented API systems in order to accelerate the process and enhance border control.399 In order to achieve these goals, Australia implemented the Advance Passenger Processing, hereinafter referred to as APP. This system provides a rapid clearance by the participating carriers.In essence,at foreign check-in points,thepassengers passportis readanda magnetic card is then given if authorization to travel is granted with the individual’s details enabling him orher to use the “Express Lane” upon arrival in Australia.400 The government has also amended their national legislation in order to permit capture of data of API and PNR without infringing on privacy rights. This APP system works in cooperation with the Electronic Travel Authority (ETA), which is a communications network. When data is captured, it is sent through the ETA system that veri.es the validity of the visa for those passengers who require such travel documents as well as the status of Australian and New Zealand passports.
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