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Jump To Comment: 2 1The European Union's transfer of airline passenger data to the United States -- part of U.S. efforts to fight terrorism -- should be declared illegal, an adviser to the European Union's highest court said on Tuesday.
Since May, 2004, the EU has shared with U.S. authorities 34 categories of information on airline passengers flying to U.S. destinations, including name, address, all forms of payment information and contact phone numbers.
The agreement sprang from one of the anti-terrorism laws passed by U.S. Congress in response to September 11, 2001, attacks using hijacked aircraft.
A court statement said: "Neither the (European Union) Council decision approving the agreement nor the (European) Commission decision holding that information be sufficiently protected by the United States have an adequate legal basis."
If the European Court of Justice accepts the advice of its adviser the data-sharing system will be made illegal.
The Luxembourg-based court will likely rule next year. It follows the lead of its advisers in most cases.
Subject:
Access to personal data of customers
5 July 2005
by Alexander Alvaro ( http://en.wikipedia.org/wiki/Alexander_Nuno_Alvaro ) to the Commission
Is the Commission aware of the fact that according to a press article by the Wall Street Journal Europe of 30 May, a series of US-based companies such as Western Union, America Online and Wal-Mart have granted to US law enforcement authorities access to the personal data of their customers, including EU citizens? Furthermore the shipping company FedEx has granted customs inspectors access to the company's database of international shipments, which includes among others the name and the address of a shipper.
Does the Commission not think that since these data also concern EU citizens, their fundamental right to privacy and data protection as granted by EU directives is being violated? What initiatives does the Commission intend to enact to stop the violation of EU law? Will the Commission raise this issue with the US Government, with EU Member States and with national data protection authorities?
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