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International Journal of Law and Information Technology Advance Access originally published online on August 29, 2007
International Journal of Law and Information Technology 2008 16(1):73-95; doi:10.1093/ijlit/eam003
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International Journal of Law and Information Technology Vol. 16 No. 1 © Oxford University Press 2007; all rights reserved

Air Passenger Data Transfer to the USA: the Decision of the ECJ and latest developments

Ioannis Ntouvas*

* Eurojust, The Hague; contact at: intouvas{at}eurojust.europa.eu. The views expressed in this article are the author's own


  Abstract

How much of European air passengers' personal data should be shared with U.S. border control authorities, and under what conditions should this take place? This article examines a judgement of the European Court of Justice annulling acts of the European Commission and the Council that had allowed the transfer of personal information across the Atlantic. After an account of EC-USA negotiations and the relevant legislative procedure, it considers the findings of the Court as to the formal validity of the above measures, as well as the question of their conformity with substantive provisions of the European Community Data Protection Directive. Finally, it addresses pleas of the European Parliament not dealt with by the Court. The article concludes by supporting the Court's decision, and pointing out the unlawfulness of former and current data transfers of this type.


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