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November 30th, 2010Committee meeting

Edward Hasbrouck

Transport committee  If I might comment on that, there is a great interest from the airline companies in using the data for commercial and marketing and data mining purposes. That was made very clear to me a couple of years ago when I was at an International Civil Aviation Organization seminar in M

November 30th, 2010Committee meeting

Edward Hasbrouck

Transport committee  I don't think, if I were in your place as part of your House, or if I were a Canadian traveller, that I'd want any of these data transferred to the U.S. unless and until the U.S. is party to a binding treaty or makes substantial changes to its laws. I think it is quite clear that

November 30th, 2010Committee meeting

Edward Hasbrouck

Transport committee  Yes, that's right. The very limited and censored dossiers that we have been able to obtain for U.S. citizens contain complete PNRs going back years, even when there is absolutely no indication whatsoever that any threat was found, although of course the threat assessments and pro

November 30th, 2010Committee meeting

Edward Hasbrouck

Transport committee  I think that's true. Given the way data flows and the location of the data, the U.S. government has the ability to access the data. They're going to continue to access these data regardless of what you do, unless you take rather concrete action to prevent the data being transferr

November 30th, 2010Committee meeting

Edward Hasbrouck

Transport committee  U.S. law says nothing. They can do anything they want.

November 30th, 2010Committee meeting

Edward Hasbrouck

Transport committee  That's correct. There is no general privacy law affecting the commercial sector, travel agencies, or airline reservations systems in the U.S. They can use the data for any purpose. They can sell it. They can share it around the world. They don't have to tell you what they're doin

November 30th, 2010Committee meeting

Edward Hasbrouck

Transport committee  While it's tempting to say that this is simply a matter within U.S. sovereignty, as I alluded to earlier, even within the realm of its sovereignty, the U.S. is a party to the ICCPR. While that treaty cannot be invoked by private citizens in U.S. courts, I think it is entirely app

November 30th, 2010Committee meeting

Edward Hasbrouck

Transport committee  Yes, I have.

November 30th, 2010Committee meeting

Edward Hasbrouck

Transport committee  There is no legal constraint, once that data reaches the U.S., on what other agencies within the government, what other foreign governments in third countries, or what commercial entities it could be shared with. Perhaps I might bring in a perspective. I've been following this

November 30th, 2010Committee meeting

Edward Hasbrouck

Transport committee  Yes, I would definitely concur in that. I think one of the advantages to treaty negotiations is that a binding treaty would have to be ratified by the U.S. Senate. The unfortunate fact is that because these matters have been undertaken extrajudicially by the Department of Homel

November 30th, 2010Committee meeting

Edward Hasbrouck

Transport committee  I'd like to speak to that. Unfortunately, API data include the record locator for the PNR, and as long as the U.S. government gets the record locator, they can go to the CRS or GDS and retrieve the entirety of the PNR in secret, without the airline even knowing and without any

November 30th, 2010Committee meeting

Edward Hasbrouck

Transport committee  Even without it, it requires only a trivial amount of extra computer processor time to retrieve the PNR from the reservation system through a name and flight number or other information. I don't think it's possible to separate it out. As long as the CRS is in the U.S., the data a

November 30th, 2010Committee meeting

Edward Hasbrouck

Transport committee  I am not a lawyer and I'm not a Canadian, but I am very concerned about whether Canadians and the Privacy Commissioner of Canada are aware of this. I think there is deep need for serious investigation of potential PIPEDA violations in this routine industry practice.

November 30th, 2010Committee meeting

Edward Hasbrouck

Transport committee  Good morning and thank you. Please excuse me, my French is very limited. I'm sorry I can't be with you in Ottawa, but I'm very grateful for the opportunity to contribute a U.S. perspective to the deliberation in this House. I'm here on behalf of the Liberty Coalition, which c

November 30th, 2010Committee meeting

Edward Hasbrouck