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Delivered-To: rah@shipwright.com
Delivered-To: clips@philodox.com
Date: Wed, 31 May 2006 18:21:30 -0400
To: Philodox Clips List
From: "R.A. Hettinga"
Subject: [Clips] Airlines in a Panic: Deal on Fliers' Data Is Ruled Illegal
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http://online.wsj.com/article_print/SB114897794980266136.html
The Wall Street Journal
Deal on Fliers' Data
Is Ruled Illegal
Top Court's Decision
On EU-U.S. Pact
Has Airlines in a Panic
By WILLIAM ECHIKSON
May 31, 2006; Page A4
BRUSSELS -- Europe's top court ruled illegal a deal with the U.S. for
sharing air-passenger data to fight terrorism, forcing officials to
scramble in order to keep planes flying across the Atlantic this fall.
The European Commission and the U.S. agreed in 2004 that airlines would
turn over 34 pieces of information about each passenger flying from Europe
to the U.S. -- including name, address and credit-card details -- within 15
minutes of departure. The agreement was controversial because of strict
European privacy rules, and the European Parliament challenged it. But
Washington threatened to fine airlines and even strip them of landing
rights if they didn't comply.
The European Court of Justice ruled yesterday that European Union privacy
rules exclude the use of such commercial data for crime-fighting purposes.
Data can be collected for commercial purposes, but the court said the
commission -- the bloc's executive arm -- violated the law by handing the
material over to law-enforcement authorities. The court allowed the data to
keep flowing until Sept. 30 to give officials some time to negotiate a new
deal.
U.S. and European airlines have been complying with the agreed-upon rules.
They fear being put in the position of violating European law if they
submit to Washington's requirements or violating U.S. law if they don't.
"We don't want to think about what will happen if this is not settled by
the end of September," said David Henderson, spokesman for the Association
of European Airlines. "It is so extreme that it could cause some very great
disturbances to the industry," he added.
"We anticipate that the U.S. government and European authorities will
resolve this matter without subjecting airlines to conflicting demands,"
said James C. May, president and chief executive of the Air Transport
Association, a trade group representing U.S. carriers. "ATA and its members
will continue to work closely with governmental authorities to find a
practical solution to this issue," he said.
European and U.S. officials said the ruling is narrow enough to allow them
to revise the existing agreement. They said the court didn't address
whether the type of data turned over is too extensive under EU law.
Instead, they said the judges only decided that the way the accord was
adopted was illegal: Instead of basing the rules on commercial law, the EU
must rely on laws that apply to police and security cooperation.
"It's unimaginable that the data will cease to flow and the planes will
cease to fly," said Stewart Baker, U.S. assistant secretary for policy at
the Department of Homeland Security, who was in Brussels for a debate about
security cooperation. "I am confident we can find a solution."
EU Justice Commissioner Franco Frattini said he would try to rework the
agreement "under a different legal basis, but with similar content." He,
too, said he is confident a deal can be struck before most EU officials go
on holiday for August. But without one, he added, "we could face really
huge problems."
In private, an EU official cautioned that it will be hard to renegotiate a
deal that will satisfy both the European Parliament and the U.S.
government. Some members of the Parliament vowed to take a tough line on
any new agreement. "Our victory in this case demonstrates the refusal...to
buckle in the face of trans-Atlantic bullying," said Sarah Ludford, a
Liberal Democrat from Britain.
The EU won some concessions from the U.S. The length of time the data can
be stored was shortened to 312 years from a proposed 50, and some
information was deleted such as meal preference.
--
-----------------
R. A. Hettinga
The Internet Bearer Underwriting Corporation http://www.ibuc.com/
44 Farquhar Street, Boston, MA 02131 USA
"... however it may deserve respect for its usefulness and antiquity,
[predicting the end of the world] has not been found agreeable to
experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'
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--
-----------------
R. A. Hettinga
The Internet Bearer Underwriting Corporation http://www.ibuc.com/
44 Farquhar Street, Boston, MA 02131 USA
"... however it may deserve respect for its usefulness and antiquity,
[predicting the end of the world] has not been found agreeable to
experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'