Can the US authorities require personal information of passengers travelling on flights between Europe and the USA?
am 11.01.2006 von http://mehrsprachigkeit.blogspot.com
Everyone has probably heard that following the terrorist attacks on 11 September 2001 the USA adopted legislation requiring airlines to and from the US territory to give the American authorities electronic access to data contained in their system for controlling and monitoring departures.
After the US authorities agreed to offer sufficient level of protection for personal data provided to the US authorities the Commission issued a decision enabling transfer of data from EU airlines to the US authorities. Following this decision the European Parliament asked the ECJ to annul this decision (see cases C-317/04 and C-318/04). At the end of last year the AG Philippe Leger delivered his opinion.
The claim was based on two grounds:
Firstly, the adequacy decision: the Parliament claims that this decision could not be validly based on Directive 95/46 which is designated to remove obstacles to the free movement of personal data by making the level of protection of rights and freedoms in relation to those data equivalent in the Member States. The AG considers that consultation of air passengers’ data, and those data being put at the disposal of the US authorities, constitutes the processing of personal data concerning public security and the activities of the State in relation to areas of criminal law. Such activity is therefore outside the scope of the directive. As a result, he finds that the directive did not give the Commission the power to adopt decision concerning the appropriate level of protection for personal data transferred in the context of and …
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