European Court adviser backs MEPs over passenger data

6.23.03pm GMT Tue 22nd Nov 2005

The senior adviser of the EU's Court of Justice proposes that the Court should endorse the European Parliament's legal objections to EU agreements with the US authorities on handing over data on transatlantic air passengers for security vetting.

The adviser (known as the Advocate General) has backed MEPs' view that the agreements made by the European Commission and EU governments were 'ultra vires', since EU data protection rules give no adequate legal basis for dealing with security purposes. This opinion is an important signal for the final judgement of the Court expected next Spring.

London Liberal Democrat MEP Baroness Sarah Ludford says:

"It is a victory for us that the Advocate-General agrees MEPs, led by Liberal Democrats, were absolutely correct to challenge the legality of handing over personal information. This will hopefully teach the Commission and Council not to play fast and loose with EU law."

However Baroness Ludford sounded a warning note:

"While the opinion says there was no EU competence to agree transfer of the data, it omits to back our contention that the whole exercise undermines data protection. If the full Court follows this advice, we can expect a series of national agreements on the same substance."