Anger in Strasbourg as governments look ready to ignore parliament and approve bill
European Union airlines could be freed from a legal limbo over the transfer of passenger name record (PNR) data, as governments look set to ignore the European Parliament and approve a controversial US information-sharing request.
Initially, the European Commission drew up a bill largely accepting demands from the US Department of Homeland Security (DHS) for access to passenger data, including contact details, travelling companion names, payment method and dietary requirements. This data would be shared with US and foreign law-enforcement agencies, and other "relevant" bodies, according to the DHS.
The European Parliament rejected the proposal in March amid fears of breaching strict EU data protection laws. Last week the newly enlarged assembly narrowly voted against an EC request to put the subject to revote in the chamber, instead recommending the proposal be reviewed by the European Court of Justice (ECJ).
Ministers, meeting next month, are likely to accept the bill without parliamentary approval, thus lifting the threat of legal action against EU carriers if they supply the US government with information. The DHS had threatened to "play tough" and rescind landing rights to airlines refusing to provide PNR data. Sharing such files, used for profiling, is illegal in the EU.
Baroness Sarah Ludford, who led the European Parliament liberal bloc's opposition to the proposal, says: "Ministers should wait until the ECJ has given its judgement on compatibility with EU privacy law." Ludford says that, without any form of data protection in the USA, PNR data is likely to be added to general crime files and European passengers could be denied entry into the USA as a result of unpaid parking tickets.
If the bill is approved in June, ministers will set a precedent in taking legislative decisions against the opinion of the parliament and, because of this, its legal committee is considering legal action against the Council of Ministers and the EC to overturn the bill.
JUSTIN WASTNAGE / LONDON
Source: Flight International
