Brussels, 24/03/2004 (Agence Europe) - The US Administration is stepping up its approach to convince the European Parliament of the justification of the EU/United States agreement officially authorising US security services to use information stored in the databases of European airline companies. So far, their approach has been unsuccessful. The EP is preparing to adopt on 31 March or 1 April a resolution against the agreement and threatening the European Commission with action at the Court of Justice if it endorses it.
With the adoption of the draft resolution presented by Johanna Boogerd-Quaak (Dutch Liberal), the EP Committee on Citizens' Freedoms felt that the agreement signed last December by the Commission and the US Administration does not comply with European legislation on the protection of personal data (see EUROPE of 19 March, p.9). According to the parliamentary committee, the scope of data is too broad, as the US legislation does not guarantee European citizens a right to effective appeal.
"This is false", an American diplomat says. Protection of citizens' rights has been "badly represented" in the draft resolution, he insisted speaking before a group of journalists. Taking up the arguments developed before the parliamentary committee last week by Stewart Verdery, main negotiator for the agreement, the US diplomat gave his assurance that the right of US and European citizens to appeal is guaranteed by the Freedom of Information Act, the Federal Privacy Act and the E-Government Act, as well as the appointment of an official responsible for protection of private life within the internal security department, Nuala O'Connor Kelly. "We do not live on a different planet. We, too, have the same concerns about respect of our citizens' private life", the US diplomat said. At any rate, he insisted, the Commission will always be able to suspend its decision unilaterally if it considers that the United States is not sticking to its commitments. Furthermore, he insisted, "the United States has the right, like any State, to control access to its territory". The alternative would be to question each passenger upon arrival in the United States, he warned.
We recall that the EP is only "consulted" on the matter. The Commission could therefore override it and adopt, in April, its "decision" judging that US commitments are "adequate" for the requirement of the European directive on the protection of personal data. The Council is expected to approve, for its part, the conclusion of the agreement that serves as a framework for collecting data. Furthermore, the Heads of State or Government should encourage the establishment of a similar European system in the declaration on the fight against terrorism to be adopted on Thursday by the European Council.