EU and U.S. agree on air traveler data.

• Author: Swartz, Nikki
• Position: News, Trends & Analysis - European Union

After much negotiation, the European Union (EU) has adopted a controversial agreement with the United States to share airline passenger records as a way to search for wanted criminals or terrorists on transatlantic flights--despite a legal challenge from the European parliament.

EU foreign ministers endorsed the deal, authorizing the European Union and United States to share passenger data such as names, addresses, credit card and phone numbers, and e-mail information, which will be transferred to the destination country before departure. U.S. and European airlines and reservation companies will exchange passenger information with customs officials up to three days before a flight's departure, officials said.

The endorsement coincided with a formal ruling by the European Commission (EC) that the deal gives passengers "adequate protection" under EU data privacy law. But the decision was condemned by members of the European parliament, who are pursuing a legal challenge they voted for in April--the first time parliament is using its right to refer such an agreement to the European Court of Justice, the European Union's highest court. The court will give its opinion on whether the international agreement should have been put before parliament for its assent, on the grounds that the agreement modifies the Data Protection Directive. Next, the European Union's Council of Ministers must conclude the agreement. According to the court's case law, parliament's request for an opinion will be moot if that happens. However, parliament could then exercise its right under the EC Treaty to seek the annulment of the international agreement or of the adequacy finding, or both.

A law requiring all airlines operating flights to, from, or through the United States to provide electronic access to their passenger name records was adopted by the U.S. Congress after September 11, 2001. The United States postponed the application of these rules to EU-based airlines because of concerns expressed by the airlines and backed by the European Commission that they could violate EU data protection law.

Parliament members have accused the commission of caving in to U.S. demands, both in terms of how much passenger data will be collected--34 items and for the length of time that such data will be kept--3.5 years. But the commission said it negotiated more favorable terms for EU airline passengers than initially offered by the United States, including U.S. assurances that:

*...