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Europe challenges deal to share passenger data

By Associated Press
Published April 22, 2004

BRUSSELS, Belgium - The European Parliament passed a resolution Wednesday challenging an agreement to share airline passenger data with Washington and asked the European Union's top court to decide whether the deal violates privacy laws.

The vote risks a confrontation with the United States that could, at the worst, force the cancellation of some trans-Atlantic flights. Washington says the passenger data ranging from credit card numbers to meal preferences is needed to combat terrorism.

If the European Court of Justice rules the deal is illegal, airlines could be subject to legal action for handing over personal passenger data to U.S. customs. But the United States has threatened to punish those who don't comply with fines of up to $6,000 a passenger and the loss of landing rights.

The parliament voted 276-260 with 13 abstentions to challenge the deal, which the EU's head office and the U.S. government negotiated in December. Lawmakers urged the European Commission to get more guarantees from Washington on a new long-term passenger data deal, including assurances that data is not shared with other countries or given to business contractors.

"This agreement represents a bad deal for privacy which is legally flawed," Liberal Democrat leader Graham Watson said. "There are legitimate grounds for requesting the court to rule on . . . the substance of the agreement."

Until the court rules, a temporary arrangement on transferring the data to U.S. customs will continue, said David Henderson, a spokesman for the Association of European Airlines. It represents top carriers like British Airways, Air France and Lufthansa.

U.S. officials were disappointed with the parliament's decision. Asa Hutchinson, undersecretary for border and transportation security, called the vote "a bump we have to get over."

Hutchinson plans to meet with top EU officials Monday here to discuss the issue further.

The U.S. government has sought - and received - similar information from airlines in the United States as well. American Airlines, JetBlue and Northwest have come under criticism from privacy advocates for doing so.

The temporary arrangement in place between the United States and Europe already forces airlines to transfer extensive passenger information within 15 minutes of departure to U.S. authorities. EU and U.S. officials say the data collected under the deal will only be used to fight terrorism and other serious crimes, including organized crime.

The permanent deal would limit the data on passengers that can be collected, restricts who can see it and calls for it to be stored no longer than 31/2 years.

Europeans would also have right to "equal redress" with U.S. authorities if they have a complaint to make and would have access to a privacy officer who handles complaints.

EU External Relations Commissioner Chris Patten made last-minute appeals to try to convince the assembly to back the passenger-data deal.

Patten said not having a deal would lead to "complete disarray" for airlines that are struggling financially and said lawmakers ought to be sympathetic to the U.S. position.

[Last modified April 22, 2004, 01:05:34]

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