25th International Conference of Data Protection & Privacy Commissioners
12 September 2003
Resolution concerning the Transfer of Passengers’ Data
A. The Conference of Data Protection and Privacy Commissioners notes that
1. In the course of the legitimate struggle against terrorism and organized
crime measures are being considered in some countries that could threaten
fundamental rights and freedoms, in particular the right to privacy.
2. There is a danger of undermining democracy and freedom by measures designed
to defend it.
3. Legal requirements on airlines and other transports to provide access
to, or transfer data from, comprehensive passenger data stored in reservation
systems could conflict with international data protection principles or
those providers’ obligations under national data protection laws.
B. The Conference therefore affirms that
1. In the fight against terrorism and organized crime, countries should
determine their responses paying full regard to fundamental data protection
principles, which are integral parts of the values being defended.
2. Where regular international transfers of personal data are necessary,
they should take place within a framework taking data protection into account,
e.g. on the basis of an international agreement stipulating adequate data
protection requirements, including clear purpose limitation, adequate and
non-excessive data collection, limited data retention time, information
provision to data subjects, the assurance of data subject rights and independent