| Author (Person) | Chapman, Peter |
|---|---|
| Series Title | European Voice |
| Series Details | Vol.10, No.5, 12.2.04 |
| Publication Date | 12/02/2004 |
| Content Type | News |
|
By Peter Chapman Date: 12/02/04 MEMBER states are "within their rights" to block the transfer of personal information to American authorities about European passengers on US-bound flights, according to the EU's top data-privacy watchdog. Stefano Rodotà spoke out after the group of data officials, which he chairs, accused Internal Market Commissioner Frits Bolkestein of backing an "illegal" accord with the US on airline passenger records. Tom Ridge, the US chief of homeland security, demanded the agreement as part of efforts to beef up airline security in the wake of the 11 September terror attacks in 2001. Under the draft accord, due to be signed at the end of this month, the European Commission will unilaterally declare that the US has put in place "adequate" protection for EU passengers' personal details - a requirement under the Union's 1995 data protection law for transfers of information abroad. But Rodotà, chairman of the so-called Article 29 group of data privacy commissioners, which was set up under the terms of the same EU directive, said Bolkestein's accord denies EU citizens many of the freedoms enshrined in the European rules. It also breaches Article 8 of the Charter of Fundamental Rights on protection of personal data. "We don't think there is a legal basis for the adequacy finding without a legally binding commitment on the US side," the Italian told European Voice. Rodotà said his group's decision would give data privacy commissioners a legal backstop if they block transfers of data to the US - a move which could even lead to the cancellation of flights between European cities and America. "Our view is not binding on the Commission," said Rodotà, "but the Commission cannot completely negate our opinion on this point. At the moment, data protection commissioners at national level must respect their national law." This national legislation stems from the EU's data privacy directive, he added. Rodotà accepts that Bolkestein has managed to deflect several US demands, including the right to hold European data for 50 years. This has now been slashed to three-and-a-half-years. But he insists that the Dutchman has still ceded far too many rights to the US. In doing so, says Rodotà, Bolkestein has failed to heed growing concerns being voiced about potential misuse of data expressed by the US Congress and American civil rights groups, who claim the European Commission has caved-in to the Bush administration. A key argument behind the data officials' opposition to the accord is the lack of rights for EU citizens to challenge decisions taken by American authorities on how their data is used. "Passengers cannot accede US courts in order to have protection of their rights," said Rodotà, adding that other rights of redress are also insufficient. EU passengers can, in theory, appeal to the chief privacy officer of the department of homeland security. But this does not meet the requirement under EU law that citizens can apply to an independent authority. Rodotà also warned that the proposed deal fails to guarantee that data will not be passed on to other US law enforcement agencies and retained far beyond the three-and-a-half-year period agreed. MEPs are expected to decide later this month whether to take the issue to the European Court of Justice. The Parliament's committee on citizens' rights believes that the Commission might be acting beyond its powers if it agrees the deal without seeking their approval. Despite the row over passenger data, Rodotà said his group wants the Union to match American standards in another crucial area: use of citizens' genetic data. "Our view is the same as that adopted by US Congress, which forbade insurance companies and employers from using this kind of data. It is very important that the European Union adopts the same attitude." A draft accord on sharing data on all airline passengers travelling to the United States is due to be signed at the end of February 2004. However, Stefano Rodotà, Chair of the Article 29 Working Party on Data Protection, says Member States are entitled to block the transfer of personal information about passengers to US authorities and that the accord breaches Article 8 of the Charter of Fundamental Rights on protection of personal data. |
|
| Source Link | http://www.european-voice.com/ |
| Related Links |
|
| Subject Categories | Internal Markets, Justice and Home Affairs, Mobility and Transport |
| Countries / Regions | United States |
