Tuesday, November 22, 2005

Passenger flight data: European Court might annul EU / US agreement

In the case about the transatlantic transfer of flight passenger name records (PNRs), the European Court may annul the agreement between the European Union and the United States.

The case had been brought before the Court by the European Parliament in June 2004. It argued that the agreement between the European Commission and the United States signed in May 2004 about transferring no less than 34 variables from passenger name records to US authorities, ranging from names and addresses to meal preferences and health information, was violating the European Union's own data protection legislation.

Now the Advocate General has published his opinion on the case, and he recommends that the Court annul the agreement (see his vote in English language). While the opinion of the Advocate General is not binding on the Court, the Court often follows his or her opinion.

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