Noel Ahern (Dublin North West, Fianna Fail)

——in the agreement to ensure the highest possible protections for EU PNR data.

Deputy Durkan raised a number of issues, including the purpose for which the data will be used. The agreement has strict limitations on the purposes for which the data can be used which are combatting crime, terrorism, including organised crime, and flights from warrants or custody for these particular types of crimes.

Deputy Durkan also asked with what other authorities the data might be shared. It can only be shared with the five Australian authorities which are listed in the schedule. It may be shared with third country governments but only where the functions of these authorities relate to the purposes of the agreement, which is preventing or combatting crime. Australian customs must keep a log of all such disclosures and it can be reviewed as part of a joint review by the EU and Australia.

All Deputies raised data protection issues. Australia would be considered a country with a sophisticated data protection system. Customs will treat EU PNR data as confidential in accordance with Australian law. At its discretion it will share PNR data with those authorities listed in the schedule with law enforcement, public security or counter-terrorism functions only for the same purpose for which it may use the data itself.

It is important to note that although these other Australian authorities will have the right to obtain PNR information under the agreement, they will not have access to the customs database. Data will be shared only in response to specific written requests on a case by case basis to the authorities listed in the schedule and the Australian customs service will release EU sourced PNR data information only after assessing the relevance of each request. Such access will be strictly and carefully limited in proportion to the nature of the individual case. Data disclosed to the authorities in question will be "anonymised" in such a way that a data subject is no longer identifiable. Such data will be processed only for the purposes of establishing in depth statistics, trend analysis and profile building relating to preventing and combatting the offences set out in article 5.

Australian data protection legislation, namely the Privacy Act, governs the collection, use, storage, disclosure and alteration of, and security access to, personal information. PNR data furnished must be disclosed to the individual in accordance with the Act and the Freedom of Information Act. Australia will provide a system whereby individuals, regardless of nationality or country of residence, can have access to and correct their own personal information. Complaints can be made to customs and then to the Australian data protection commissioner and the Commonwealth Ombudsman. Administrative, civil and criminal enforcement measures are available under Australian law for violation of Australian privacy rule and unauthorised disclosure of Australian records.

I thank the Deputies for their contributions. I apologise again for the way the motion has been brought forward but we are trying to facilitate the wishes of the Australians and the Slovenian Presidency. I thank Members for their support and understanding of the situation.

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