LUXEMBOURG, May 30: The EU’s top court scrapped on Tuesday a decision forcing airlines to give data about European passengers to US authorities as part of their post-September 11 security crackdown.
The European Court of Justice (ECJ) ruled that the decision to approve the data transfers, taken in May 2004 by EU governments and the European Commission, was ‘founded on an inappropriate legal basis’.
The Luxembourg-based ECJ gave the EU and the United States until September 30 to negotiate a new agreement.
The so-called Passenger Name Record data transfers can continue until then.
The agreement between Brussels and Washington, which was blasted by civil liberties groups, was forged as a stream of aircraft was stopped entering the United States over concerns that suspicious passengers were aboard.
One high-profile case saw British singer-songwriter and peace activist Yusuf Islam, formerly known as Cat Stevens, deported, apparently in error.
But the ECJ based its ruling on a legal technicality and did not investigate whether anyone’s rights were being infringed.
In November, an EU judge rejected claims that the privacy of passengers had been violated.
Under the deal, airlines must provide the US authorities with more than 30 pieces of data on passengers and crew — including credit card information, addresses and telephone numbers — 15 minutes before a flight’s departure.
The European Commission, the EU’s executive body, said it would abide by the court’s ruling and was still trying to work out its full ramifications but did not expect that it would have to renegotiate a deal with Washington.
“The court’s judgment is about the legal basis, and about the legal basis only. It did not concern the content of the agreement,” said chief spokesman Johannes Laitenberger. “The court has limited the effects of the judgment.”
He said the commission would work with its European and US partners to try to find a solution, and he was confident that both the privacy and security of air travellers would be ensured.
“The ruling ensures that there is no lowering of data protection standards, no effect on passengers, no disruption of transatlantic air traffic and that a high level of security is maintained until September 30.”
A US official also said that the ruling was still being examined.
“Our goal is to avoid disruption of transatlantic air traffic and to maintaining a high level of security and also ensuring that there is no lowering of data privacy standards,” the Brussels-based official said.
“We are looking forward to finding a solution with the European Union that respects the court’s ruling.”—AFP
