U.S., Canada launch talks on sharing citizen data

The U.S. and Canadian governments have started formal negotiations over whether Canada will provide private information on its citizens for U.S. terrorist watch lists and aviation security programs, senior officials from both countries said Friday.

Homeland Security Department Secretary Tom Ridge said an agreement is "by no means automatic" and will require "lengthy" negotiations, given the differences in the laws of both countries.

"There may be limitations based on sovereign law," Ridge told reporters. "We're mindful of both, and to the extent that we can collaborate consistent with our constitutional laws, we do. When one law differs from the other, then obviously we have to find another way, and perhaps another area, to collaborate."

The U.S. government is seeking access to watch lists from other countries for efforts such as the Terrorist Screening Center, which provides U.S. law enforcement agencies access to integrated databases, and the Computer-Assisted Passenger Pre-Screening II (CAPPS II) program, which screens and rates airline passengers for potential threats.

Anne McLellan, Canada's minister of public safety and emergency preparedness, said Canada is evaluating what information it might provide to the U.S. government.

"We've accomplished a lot in terms of securing our two countries' borders," she said. "But, clearly, whether it's in relation to maritime security, or perhaps additional measures as it relates to aviation security, what we will be doing-and we started today-is identify where we can go further and do more. Where that can be done together in an integrated fashion, obviously so much the better."

Ridge likened CAPPS II negotiations with Canada to those the U.S. government has had with the European Union. EU officials have balked at providing passenger data to the United States, saying that turning over passenger records would violate privacy laws. The EU agreed in December, however, to provide information for a CAPPS II pilot program to be conducted this summer to see how the data is used.

"We spent several months working with our colleagues in the European Union to get advance passenger information. Clearly, there were privacy concerns the European Union had," Ridge said. "Through a series of prolonged and substantive negotiations, we not only did get access to some of that information but [also] an agreement, because of the limited purpose for which it would be used and how it would be used as part of the pilot for the CAPPS II program."

McLellan said Canada needs more information on CAPPS II before it agrees to turn over information on its citizens.

"We talked briefly about CAPPS II this morning, and we want to work with our American counterparts," she said. "We want to understand both the details and the timing of that program as it rolls out, and as that happens we'll deal with issues as they arise."

Canada is willing to share information on its citizens with the U.S. government, McLellan said.

"The two countries work very closely together," she said. "We're interested wherever possible and appropriate to integrate our systems. Obviously, both countries have watch lists and both countries share information in relation to those watch lists.

"We are working in a wide range of areas in terms of where possible threats and risks might exist, and how we collect information and data in relation to those threats and risks, and then how we go about sharing," she added.