Brussels, 13/03/2003 (Agence Europe) - The European Parliament approved by an overwhelming majority (414 votes to 44 and 11 abstentions) a resolution that was highly critical of the European Commission regarding United States access to the personal data of air passengers. By a far slimmer majority (262 for, 209 against and 2 abstentions), MEPs called on the European Commission to obtain suspension of such access to data "pending a decision on the compatibility between these measures and Community directives". The amendment was submitted and supported by the Socialists, the Greens/EFA, Liberals and GUE/NGL, but not by the EPP-ED unlike the other amendments to the resolution. All these groups, however, submitted an amendment in common - which was adopted - inviting the president of the European Parliament to launch internal debate procedure on referral to the Court of Justice.
In its resolution, the European Parliament "regrets the failure of the Commission, given its role as guardian of the Treaties and of Community law, to assume its responsibilities with the necessary diligence". MEPs reproach the Commission for not having verified in time whether United States' access to data was compatible with Community law, and also for not having informed the general public. The European Parliament said, moreover, it was "surprised" these issues had not been taken into account in the negotiations that are almost complete on the judiciary cooperation agreement between the EU and the United States.
A note in the resolution recalls that the US authorities will not only have access to the names of passengers who have bought a ticket to go to the United States but also to the credit card number, possibly to the journeys already made, health problems (request for medical assistance), religion (kosher or halal meal), and contact data (friend, place of work, etc.).
The European Parliament discussed this matter yesterday in the presence of Commissioners Bolkestein and Patten (yesterday's EUROPE, p.13).
During the debate, Elena Paciotti, former magistrate and elected member of Democratici di sinistra, recalled that Article 8 of the EU Charter on Fundamental Rights, that the Commission has pledged to honour, embodies the right of every individual to protection of his/her personal data, which can only be processed for specific purposes and with the consent of the person concerned. Guarantees that the Member States must give individuals -mainly for sensitive areas such as health or religion- are covered in a detailed manner in the 1995 Directive, which also stipulates that personal data cannot be forwarded to a third country unless the latter guarantee an adequate level of protection. The Commission must therefore ensure this is the case and, if such protection does not exist, open negotiations to seek a solution, the procedure being submitted to assessment by the European Parliament.