HUNGARIAN PARLIAMENT RATIFIES US-EU PASSENGER

C O N F I D E N T I A L BUDAPEST 000032

SIPDIS

SIPDIS

DEPARTMENT FOR EUR/NCE - LABONTE, EUR/ERA - WALKER, AND EB
- WIN DAYTON

E.O. 12958: DECL: 01/07/2012
TAGS: ECON PREL HU
SUBJECT: HUNGARIAN PARLIAMENT RATIFIES US-EU PASSENGER
DATA-SHARING AGREEMENT

REF: LABONTE-GAUDIOSI E-MAILS AND PREVIOUS

Classified By: POL/C ERIC V. GAUDIOSI; REASONS 1.4 (B) AND (D)


1. (U) On December 22, the Hungarian Parliament formally
ratified a government act operationalizing the US-EU
Agreement on Passenger Data Sharing, thus formalizing its
prevous agreement to implement the accord in practice.


2. (C) The text of the government act was modified slightly
from its original draft in order to address concerns raised
by Hungarian President Solyom, who had questioned whether the
act complied with provisions of the Hungarian constitution.
(Note: Solyom, a former President of the Constitutional
Court, is widely considered to be legalistic and is known to
take a particular interest in issues regarding individual
rights. MFA officials regarded Solyom's original objections
to be unfortunate but not atypical timing on his part. They
have hastened to reaffirm their commitment to addressing his
concerns in order to move forward with formal ratification as
quickly as possible. End note.)


3. (U) The revision to the text consists of the addition of
the following paragraph, designed to serve as a consent form
for travelers before departure for the U.S.:

"Having read and understood the above I consent to my data
being processed and also consent to such data, appearing in
my passport and requested by the abovementioned authority,
being forwarded to Malev Hungarian Airlines before the
departure of my flight, and Malev Hungarian Airlines provides
electronic access to CBP to the personal and sensitive data
contained in automated reservation and departure control
systems."


4. (C) We understand from MFA sources that this text was
added specifically to address the concerns raised by the
President re the necessity of the passengers' informed
consent. There has been no indication of further opposition
from his office to the revised act.


5. (U) Post will remain in close contact with GoH sources as
they finalize plans for the implementation of the new regime.
REEKER