Publication: Magyar Közlöny
Issue: MK-2006-160 (Year: 2006, Number: 160)
Era: 2004-2010
Section: 1995. évi XCVII. törvény módosításáról*
Paragraph Index: 1134

3. § A Meg ál la po dás hi te les szö ve ge és an nak hi va ta los ma gyar nyel vû for dí tá sa a kö vet ke zõ: „Agreement between the European Union and the United States of America on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the United States Department of Homeland Security The European Union and the United States of America, desiring to prevent and combat terrorism and transnational crime effectively as a means of protecting their respective democratic societies and common values, recognising that, in order to safeguard public security and for law enforcement purposes, rules should be laid down on the transfer of Passenger Name Record („PNR”) data by air carriers to the Department of Homeland Security (hereinafter „DHS”). For the purposes of this Agreement, DHS means the Bureau of Customs and Border Protection, US Immigration and Customs Enforcement and the Office of the Secretary and the entities that directly support it, but does not include other components of DHS such as the Citizenship and Immigration Services, Transportation Security Administration, United States Secret Service, the United States Coast Guard, and the Federal Emergency Management Agency, recognising the importance of preventing and combating terrorism and related crimes, and other serious crimes that are transnational in nature, including organised crime, while respecting fundamental rights and freedoms, notably privacy, having regard to US statutes and regulations requiring each air carrier operating passenger flights in foreign air transportation to or from the United States to provide DHS with electronic access to PNR data to the extent that they are collected and contained in the air carrier’s automated reservation/departure control systems (hereinafter „reservation systems”), having regard to Article 6 (2) of the Treaty on European Union on respect for fundamental rights, and in particular to the related right to the protection of personal data, having regard to relevant provisions of the Aviation Transportation Security Act of 2001, the Homeland Security Act of 2002, the Intelligence Reform and Terrorism Prevention Act of 2004 and Executive Order 13388 regarding cooperation between agencies of the United States government in combating terrorism, having regard to the Undertakings as published in the US Federal Register1 and implemented by DHS, noting that the European Union should ensure that air carriers with reservation systems located within the European Union arrange for transmission of PNR data to DHS as soon as this is technically feasible but that, until then, the US authorities should be allowed to access the data directly, in accordance with the provisions of this Agreement, affirming that this Agreement does not constitute a precedent for any future discussions or negotiations between the United States and the European Union, or between either of the Parties and any State regarding the processing and transfer of PNR or any other form of data, having regard to the commitment of both sides to work together to reach an appropriate and mutually satisfactory solution, without delay, on the processing of Advance Passenger Information (API) data from the European Union to the United States, noting that in reliance on this Agreement, the EU confirms that it will not hinder the transfer of PNR data between Canada and the United States and that the same principle will be applied in any similar agreement on the processing and transfer of PNR data, have ag reed as fol lows: 1 Vol. 69, No 131, p. 41543. 2006/160. szám * A tör vénytazOr szág gyû lés a 2006. de cem ber 18-iülés nap ján fo gad ta el.

Source: https://magyarkozlony.hu/hivatalos-lapok/e633b8603efc2ed56a4ef2e3ae90d9346f631a10/dokumentumok/1dbe2eb335f159167bde8210929aa3f60cf4340b/letoltes