28 March 2012
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EU: Belgian Privacy
Committee supports MEP's complaint on illegal transfer of personal
data to USA
Marco Cappato, Radical MEP, had tabled a complaint to the Belgian Privacy Committee concerning the transfer of his personal data to the US authorities, after he had flought from Brussels to the US. The Belgian Privacy Committee has stated in an opinion of the 18th of December 2003 now published, that the US ariline companies that have transferred passengers' personal data have violated the Belgian law of implementation of EU privacy acts. The opinion has been sent to the Belgian Justice Ministry. The Belgian Privacy Committee has notably stated:
"- the non respect, in the moment when facts happened,
by United Airlines, Continental and Delta airlines, of the principle
of finality (article 4 of the Belgian law);
- the non respect of the obligation to inform (art. 9);
- the non respect of the provisions concerning the transfer of
personal data to non-EU countries (art. 21)"
Declaration by Marco Cappato, Radical MEP of the Lista Bonino, EP rapporteur on privacy:
"The opinion delivered by the Belgian Privacy Committe
honours - apart form the fundamental right to privacy - the principle
of legality, by stating that EU law and Belgian law is violated
by those airlines transferring passengers' personal data, without
their consent, to law enforcement authorities of Third Countries.
This opinion sheds a light on a fake debate that is currently
taking place, that depicts the Europe as being obliged to tolerate
a unilateral US decisions, and engaged through the EU Commission
to find a compromise with the US in order to raise guarantees
on personal data treatment. In reality, the EU, both at the Commission
level as at the Member States level, could impose, if it only
wanted, to all airline companies the respect of the law. Negotiations
underway between the EU and the US to reach an "adequacy
finding" agreement will furthermore not allow to solve the
issue of the principle of finality, that prohibits to use data
gathered for commercial purposes for security purposes in a generalised
way. On the occasion of tomorrow morning meeting in Brussels
of the EP Civil liberties committe, I will draw colleagues' attention
on the opinion by the Belgian Privacy Committee, in the view
of deciding in the next weeks on the possibility of challenging
the EU Commission in front of the European Court of Justice concerning
the violation of EU law on privacy. The Belgian document has
also been sent to the Privacy Authorities of EU Member States,
and to the Belgian Minister of Justice. I hope that they will
assure that laws are respected. I adress myself to the Italian
Privacy Authority, and notably to its Chief, Stefano Rodotà,
currently also President of the EU Privacy Authorities working
party, to ask him to intervene at the national and European level
so to assure that the law and the corresponding adeguate sanctions
are finally applied".
The text of the Privacy Committee opinion is published on http://www.radicalparty.org/privacy/etats_un.pdf (French version)
For further information: Ottavio Marzocchi, Advisor to Radical
MEPs
Tel: +32 2 2843995 omarzocchi@europarl.eu.int
See Statewatch's Observatory
on the passing of personal data to the USA
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