EU Court Says Sharing Airline Info is Illegal
Tue, May 30, 2006 at 7:39:01 am PDT
The unelected anti-American bureaucrats of the European Union have struck down an agreement that requires the EU to share information on European citizens flying to the United States: EU, U.S. Anti-Terror Accord on Airlines Struck Down. (Hat tip: Niall.)
May 30 (Bloomberg) — Europe’s highest court struck down an anti-terrorism agreement that allows the European Union and the U.S. to share information on airline passengers, giving authorities four months to resolve conflicting rules.
The European Court of Justice in Luxembourg today said the 2004 accord was illegally adopted, upholding a challenge by European Parliament lawmakers. Authorities have until Sept. 30 to come up with new regulations, the court said.
Today’s ruling may mean that carriers such as Air France-KLM Group, Europe’s biggest airline, and Deutsche Lufthansa AG will have to choose between violating EU or U.S. law, facing fines on both sides of the Atlantic, according to Eduardo Ustaran, a lawyer specializing in information technology. The European Parliament had argued the rules violated EU protections on personal data.
“This is an extreme example of a conflict of laws between two jurisdictions,” Ustaran said in a phone interview from London. The decision puts the negotiation “back to square one,” he said.
If the US insists on having this information (and if we don’t, we’re in bigger trouble than I thought), it could mean that no EU citizen will be able to fly to the US.


