THE EUROPEAN commission’s own lawyers have warned that a joint US-European agreement to store the personal data, including credit card details, of millions of transatlantic air passengers for 15 years is unlawful.
The confidential legal opinion says the agreement to allow the US department of homeland security to store airline check-in data is “not compatible with fundamental rights”.
The note by the commission’s legal service, dated May 16th, says it has “grave doubts” that the passenger name record (PNR) deal, now being finalised, complies with the fundamental right to data protection.
The opinion could prove crucial as the agreement, which has been negotiated by the commission with the US, needs the approval of the European parliament as well as ministers.
Leaked details of an EU ambassadors’ meeting last week showed the French, Germans, Italians, Dutch and others are still strongly critical of the proposed deal, with only the British, Irish, Swedes and Estonians supporting it.
Commission officials played down the significance of the legal opinion, which was provided to negotiators before the deal was finalised, by saying its legality could only be tested in the courts.
The European lawyers say their “most serious concerns” cover the widely-drawn limits on the use of the personal data, the disproportionate storage period of 15 years, the lack of independent oversight and proper access to the courts for those seeking redress over misuse of their details.
Their concerns include:
*The US-European PNR database is being built "to prevent and detect terrorism and serious crime" but the lawyers say this definition includes any offence carrying a jail term of more than 12 months. "Given the low maximum penalty, it is likely to include a very large number of crimes which cannot be regarded as serious. This point alone puts the proportionality of the agreement in question."
*The PNR database can also be used "to ensure border security", by identifying people who should be subject to questioning on entering or leaving the US. The lawyers say this means the database can be used to investigate minor immigration or customs offences without any link to terrorism or serious crime.
*The 15-year period – four times longer than the current deal – goes "far beyond" the five years in the EU's own proposal for internal European travel.
– ( Guardiannews service)