PASSENGER NAME RECORDS AGREEMENT HAS BEEN NULLIFIED BY THE EUROPEAN COURT
Only a minor set-back in the fight against terrorism
The May 2004 ‘Passenger Name Records Agreement’ between European Union and United States authorities has been nullified by the European Court of Justice today because it lacks adequate legal basis. The nullification of the agreement is based on a legal technicality: its subject-matter fell outside the scope of the data protection directive.
According to the agreement, airlines flying from the European Union to the United States have had to disclose personal information of passengers, including e-mail and credit card details. The agreement is one of the anti-terrorism measures heavily debated by the European Parliament who fears infringement of privacy rights of individual passengers.
Let’s hope that a new agreement between the United Stated and the European Union (or individual member states) be concluded soon. It is in the interest of not only the passengers itself that anti-terrorism measures be in place. It goes without saying that the right to privacy should be protected. However, an infringement is acceptable if duly justified. To be duly justified, interference in private life must (a) be in accordance with the law; (b) pursue a legitimate aim and (c) be necessary in a democratic society. Conditions (b) and (c) are currently met; the agreement only lacks an adequate legal basis, but that can easily be repaired.
Karel Frielink
Attorney (Lawyer) / Partner
