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Tuesday, November 22, 2005

EU court adviser says sharing airline data with US illegal
Kate Heneroty at 11:18 AM ET

[JURIST] An advisor to the European Union's highest court, the European Court of Justice [court website], advised the body Tuesday that sharing airline passenger data with the US should be declared illegal [PDF press release]. Advocate General Philippe Leger said the European Commission used the wrong legal basis when enacting the data-sharing law in May 2004 [JURIST report; DHS press release], relying on civil provisions rather than those intended for public security or criminal issues. The issue was raised when the European Parliament sued the other two branches of the European Union [JURIST report], arguing they lacked authority to create the data-sharing agreement. Since 2004, the EU has shared 34 pieces of information about airline passengers traveling to the US, including name, address, form of payment, and phone number. The court, which generally follows its advisors opinions, is expected to rule next year. Reuters has more.






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