EU lawyer says passenger data transfer to U.S. is illegal
Members of the European Parliament have welcomed the opinion by a top legal advisor to the European Union's highest court that the transfer of airline passenger data to U.S. authorities is illegal and should be stopped. The leader of the Parliament's Liberal group said that the decision by the advocate-general of the European Court of Justice confirmed the Parliament's criticism of the measure that it "did not contain sufficient safeguards for data protection of EU citizens." "I'm pleased by this preliminary ruling," said Graham Watson, leader of the Alliance of Liberals and Democrats for Europe.
Advocate-general Philippe Leger said that the European Commission and the member states of the EU had been wrong to agree to hand over data to the U.S. authorities using legal instruments designed to ensure the free movement of goods within the Union's territory. The purpose of the measure was to fight terrorism and improve public security, but the Commission and the member states had not used the appropriate legal instruments, he said in his decision announced on Tuesday. The opinion of the advocate-general is preliminary and does not have any legally binding effect on the court, which is expected to give its final verdict in spring next year.
In the majority of cases, the judge follows the opinion of the advocate-general, but in a number of recent high profile cases that has not been the case.
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