Transfer of passenger data: European Court of Justice (ECJ) ruling strengthens position of EU Parliament

The EU-US agreement concerning the transfer of passenger data was annulled today by the European Court of Justice (ECJ), acting on the request of the European Parliament. The Court dismissed the legal basis of the agreement, declaring that security measures cannot be adopted within the framework of Community legislation. Welcoming the ruling Green MEP Kathalijne Buitenweg, member of the Civil Liberties Committee, today said:

"The annulment of this agreement is an important victory for democracy and also for the European Parliament. The ECJ made it clear that intrusive measures aimed at enhancing security at the expense of citizens' privacy rights cannot be forced through as mere technicalities, without any democratic control. The Member States have 90 days to choose an appropriate legal basis. It is now up to the national parliaments to exert pressure on their governments to prevent them from making sensitive passenger information, such as credit card numbers and meal preferences, widely available to the US."

Also welcoming the decision, Green MEP Cem Özdemir, substitute member of the Civil Liberties Committee, added:

"The Court's decision does not mean that there should be no cooperation between the EU and the US Department of Homeland Security, Bureau of Customs and Border Protection. Cooperation is vital to ensure security of European as well as American citizens. However, it is possible to establish safeguards without infringing on fundamental rights. In addition, these safeguards need to be set up using the appropriate legal procedure."

Source: www.greens-efa.org/cms/pressreleases/dok/126/126582.transfer_of_passenger_data@en.htm