Graham Watson MEP

European Court of Justice Advocate General confirms ALDE opposition to transfer of passenger data

Published on Tuesday 22nd November 2005

Following today's opinion of the Advocate General on the transfer of air passenger data to the United States, Graham WATSON, leader of the Alliance of Liberals and Democrats, said: "This is a victory for liberals and democrats, who steered the PNR case through the European Parliament. Part of our original criticism to the agreement was that it did not contain sufficient safeguards for data protection of EU citizens. The Opinion of the Advocate General is welcome because it concurs with the European Parliament's main concerns, which are that the Council and Commission decisions were inadequate and do not have the appropriate legal basis".

According to the Advocate General Phillipe Léger, Commission and Council had chosen an Internal Market article for legal base, whereas the real purpose of the agreement is twofold; firstly fighting crime and terrorism, i. the area of public security and criminal law and secondly, the protection of personal data. As a result, he has proposed the annulment of the agreement concluded. The final Court Ruling is expected in early spring 2006, but this opinion is an important signal. "I am delighted with this opinion. It is a moral victory for those who are concerned about security as well as democracy and civil rights. Security measures must meet the highest standards of civil liberties and democratic scrutiny, and not via a back door construction", declared Sophie INT'VELD, (D66, Netherlands), rapporteur on the PNR agreement with Canada. Johanna BOOGARD-QUAAK (D66, Netherlands) was the EP rapporteur of this dossier. Sophie INT'VELD has now picked up the issue since the European Parliament elections last year.

Note:

On 26 June 2004, European Parliament President Pat Cox requested that the European Court of Justice annul the agreement under which European airlines would transfer private passenger data to the US authorities. He also decided to appeal against the Commission decision stating that the level of protection of passenger data provided by the USA is adequate. According to the agreement, EU Member States are requested to provide electronic data to American authorities in view of protecting airline passengers from terrorist attacks.

Since 5 February, 2003, the Unites States requires in-flying airlines operating in the United States to provide US border authorities with electronic access to Passenger Name Records - PNRs. The US claims that the information is necessary for the fight against terrorism. PNRs include 39 items of data on passengers and crew (such as departure and return flights, credit card information, addresses and the passenger's meal choice). Airlines face the prospect of fines of 6,000 euro per passenger as well as the potential loss of landing rights in the US if they fail to provide US security agencies with the data 15 minutes before the flight's departure. Several European airlines (including British Airways, Lufthansa and Air France) have started to hand over passengers' data to the United States Customs Service.