MEPs defy air passenger data deal

Trans-Atlantic handovers of air passenger data to US security agencies have been challenged by the European Parliament.

MEPs have decided, 229 for, 202 against with 19 abstentions, to "reserve the right" to refer a data deal backed by the European Commission to the EU courts.

The tight vote questions EU compliance with transfers regarded as “vital” in the war on terror triggered by September 11 2001’s air-hijack attacks on New York and Washington.

Parliament’s non-binding decision is a major political setback for EU data protection chief Frits Bolkestein and US Homeland Security officials.

"The European Commission takes note of the vote and will consider its next step at a forthcoming meeting of the college," said a spokesman.

'Intense lobbying' defied

Dutch Liberal, and author of the parliament resoultion, Johanna Boogerd-Quaak praised MEPs for speaking up "loud and clear in defence of the civil liberties of European citizens".

"By a clear majority, in the face of intense lobbying, parliament has said to the commission 'Go back to the drawing board, this agreement is not good enough'," she said

"We now expect them to withdraw their decision and come back with better safeguards."

Boogerd-Quaak believes MEPs are "willing to go to the European Court of Justice". "I believe we have a good case," she said.

Empty protest?

The parliament's legal service will now be consulted by justice committee MEPs on the possibility of a European Court of Justice case.

But parliament's role is limited. An internal Brussels document notes that whatever the vote’s outcome the parliament’s “resolution would not be binding on the commission”.

US diplomats were last week relaxed about the prospect of parliament's defiance.

“Our standpoint is that we have negotiated an agreement,” said a diplomat. “Our expectation is that the agreement will continue."

Responding to the vote a US Mission to the EU spokesman insisted that the agreement represented a good deal.

"We are looking forward to implementing it," he said.

EU data laws 'breached'

The handover of 'Passenger Name Records” (PNR) to US security agencies has angered MEPs amid concerns that the exchanges break EU privacy laws.

The parliament’s justice committee sucessfully tabled a resolution that the data transfers be referred to the European Court of Justice.

The result may trigger recriminations within Europe's socialists. The European PES group backed the resolution.

But national delegations including the UK voted against - in a vain bid to swing the final parliament vote behind Washington, and Brussels.

The vote puts MEPs at odds with the commission and national governments as the EU prepares to introduce its own air data scheme.

'Pie in the sky'

Bolkestein on Monday described parliament's demands as “pie in the sky", and warned of damage to EU-US relations.

"There is a real risk that the US will leave the negotiating table and not return," he said. 

Computerised records have been pulled into American databases for use by US security agencies since March 2003.

Information – 34 fields of data – is delivered straight from European central reservation systems to US law enforcement databases.

Details include the names of all travellers, all contact details, telephone numbers, addresses, emails, payment information, bank numbers and credit card data.

The EU is now to follow the US lead after Europe’s justice ministers on Tuesday agreed to press ahead with a European scheme to provide passenger details to immigration and law enforcement authorities.

The Irish EU presidency indicated that the Madrid bombings had led to “a more mature judgement” of European privacy laws.

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