EU row looms over US call to ditch data privacy rights

Europe’s capitals and EU institutions are deeply divided over calls to drop privacy rights for citizens amid an anti-terror air security crackdown.

EU members states are divided on data protection issues and the European parliament is angry that MEPs are not being consulted on handovers of information to US security agencies.

The issue of transferring passenger data from air carrier to law enforcement databases is flying high on the agenda following a transatlantic terror scare this August.

Possible new proposals at EU level and a new transatlantic agreement on Passenger Name Records (PNR) are set to raise data protection concerns and spark new rows.

A new security clampdown following an alleged terrorist plot to attack UK-US flights this summer will throw EU debates on police and data exchanges into sharp relief.

National government officials are currently debating European commission proposals to allow police and security exchanges of personal information.

According to EU rights group Statewatch, the US has found powerful European allies in a bid to drop data protection rights on information exchange beyond Europe.

Germany, Denmark, Spain, Ireland, Norway, Sweden and the UK back ditching “adequate” data protection when exchanging personal information with third countries following a complaint by the US.

Washington is on record at a secret EU-US high-level security meeting on July 18 as warning that proposed privacy rights threaten law enforcement cooperation.

"[EU rules] jeopardise the informal excellent contacts developed over time by the US law enforcement agencies with their opposite numbers in the member states,” say minutes published by Statewatch.

Current commission drafts require that data can only be exchanged with non-EU states if “an adequate level of data protection is ensured in the third country”.

Five member states, the Czech Republic Switzerland, Finland, Greece and
Portugal support the privacy safeguards.

The row will surface with expected new air security measures requiring airlines to give passenger information to EU security agencies – on top of current obligations to transfer data to immigration authorities.

Also simmering is a conflict with MEPs over a new EU-US PNR handover agreement after a 2004 deal was annulled by the European courts following a challenge by the parliament.

MEPs on the parliament’s justice committee are furious that the Finnish EU presidency is reneging on previous promise to involve the assembly in a new agreement.

“It has been brought to our attention that on July 18 2006 an informal meeting took place with the US negotiators… It seems the matter has also been discussed in London on Wednesday August 16,” says an August 23 letter.

“We note with regret that the [EU presidency] has not informed the European parliament of these meetings, nor has parliament been invited to attend.”

EU and US officials meet to broker a deal next week ahead of a September 30 deadline set by the European courts and MEPs have accused Finland of shrouding proposals in secrecy.

“We have received information that a document has been produced for the September negotiations with the US, which has been forwarded to all the member states,” states the letter.

“We regret that the European parliament has not received this document, nor has it been informed on the contents.”

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