By Bruno Waterfield - 1st March 2004
Europe’s governments have given the all-clear to controversial handovers of air passenger data to the US security authorities.
Friday’s move, by a little-known EU committee of national civil servants responsible for data protection in their own governments, clears the way for a legal rubber stamp to the transfers.
But the national officials, known as the 'Article 31 Group', did ask for "clarification" before backing Brussels, indicate sources close to the talks.
And "a lot of questions" were asked before a straightforward vote to approve the draft European Commission decision.
Final approval of the EU executive's ruling that, following concessions, US demands are within Europe's tough privacy laws now rests with the European Parliament.
America has insisted that a broad range of data held by airlines on EU travellers visiting the US be handed over to ‘homeland security’ authorities.
Computerised records have been pulled into American databases for use by US security agencies since March 5 2003.
The data is regarded as “vital” in the war on terror triggered by September 11 2001’s air-hijack attacks on New York and Washington.
Information – 34 fields of data – is delivered straight from European central reservation systems to US law enforcement databases.
Details include the names of all travellers, all contact details, telephone numbers, addresses, emails, payment information, bank numbers and credit card data.
MEPs are threatening to give the commission’s green light to the data transfers a rough ride, both in the parliament and the EU courts.
But US officials are already hailing the deal a “success” for Trans-Atlantic relations, and hint that parliament’s opposition may, when put to a full vote, evaporate.
“The European Parliament is forming its own views, we are in active discussions with MEPs,” said a US official.
“Some MEPs have very strong views but there is a broad range of opinion within the parliament.”
Other sources believe opposition to be restricted to "hotheads" on the parliament's civil rights committee.
"MEPs in plenary are likely to be much more sensible," said a source.
The committee on February 18 declared against the Brussels finding that following US concessions the PNR handovers are “adequate” within European legislation.
MEPs have sought legal advice and have signalled a legal challenge.
Dutch liberal MEP Johanna Boogerd-Quaak will argue that parliament has the right to seek an opinion of the European Court of Justice.
Commissioners also face criticism from the EU’s own data protection watchdog - the ‘Article 29 Group’ - comprised of representatives from the Europe’s data protection authorities.
The group has in the past been cited by the commission as an EU authority on privacy rights during negotiations with the US.
But EU officials now dismiss a January 29 ruling from the group that US concessions are insufficient to bring the PNR transfers within European law.
Have your say...
Please enter your comments below.