DATA PROTECTION: MEPS CONCERNED OVER PERSONAL DATA.

Opening the seminar, Jorge Salvador Hernandez Mollar (EPP-ED, Spain) stressed that there was no legal basis for the transfer of passenger data to third countries, as stated in Parliament's resolution. However, Vitaliano Gemelli (EPP-ED, Italy), who co-chaired the meeting, pointed out that the security situation had changed after the September 11, 2001 attacks.

Data protection under the first and third pillars should be harmonised, according to Giovanni Buttarelli, President of the Schengen Authority. This point was taken up by Stefano Rodota, Chairman of the Working Party set up under Directive 95/46, who stressed the need for constitutional reform to abolish the distinction between the pillars. The Europol representative also highlighted the need for a common strategy for data protection in the third pillar. Moreover, the Charter of Fundamental Rights should be included in the Constitutional Treaty, a point endorsed by Ornella Paciotti (PSE, Italy).

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MEPs have criticised the European Commission for waiving EU data protection rules to enable air operators to transfer information on passengers to the United States authorities. In a resolution passed on March 13, the MEPs blasted the Commission for the secretive way it has conducted talks with the Americans and questioned the entire legality of the deal struck. They called for the "agreement" to be suspended and are considering taking a case to the European Court of Justice. They also sympathised with airlines who are "caught between a rock and a hard place" in that they can either refuse to pass on data and face hefty fines, or co-operate with the US and be in breach of EU law.

The resolution passed by 414 votes to 44 with 11 abstentions, with all the major political groups throwing their weight behind it. Their anger was ignited by a joint statement from the Commission and US customs authority of February 18, which allowed air carriers to grant the US access to their reservations databases. These systems can contain sensitive personal data such as details of past travel, religion, credit card number and expiry date, residence, e-mail address, choice of meals and medical information. The US says these measures are necessary to implement a series of legal acts it adopted to tighten border controls in the wake of the September 11 terrorist attacks.

The Parliament says the declaration lacks any legal basis and probably infringes EU data protection rules. It says the data transfers should be...