EU and US near deal on confidential data sharing
RENATA GOLDIROVA
30.06.2008 @ 09:21 CET
The European Union and the US are near to agreeing a "binding international agreement" which would make it easier for law enforcement authorities on both sides of the Atlantic to inspect personal data such as credit card transactions, travel histories and internet browsing habits.
The New York Times cited on Saturday (28 June) an internal report by the US Homeland Security, Justice and State Departments as well as European negotiators. The report says that it will be lawful for governments and companies to mutually exchange personal information as part of the global fight against terrorism.
The deal would let governments and companies exchange personal information as part of the global fight against terrorism (Photo: wikipedia)
Information on race, religion, political opinion, health or sexual life should not be used, however "unless domestic law provides appropriate safeguards." But the document stops short of specifying what appropriate safeguards are.
According to the New York Times, negotiators continue to wrangle over issues linked to privacy protection. For example, they need to agree whether European citizens could file a lawsuit against the US government if they think their personal data have been mishandled.
The EU is sticking to the position that all Europeans "require the ability to bring suit in US courts specifically under the Privacy Act for an agreement to be reached on redress," the New York Times reports.
The 1974 Privacy Act allows American citizens and permanent residents to challenge the state, but this right does not apply to foreigners.
The EU and the US are trying to find a "common ground on privacy" and to agree "non-conflicting obligations on private companies," Stewart A. Baker from the Department of Homeland Security was cited as saying by the American newspaper.
The 9-11 trigger
The EU-US talks were triggered by 2001 terrorist attacks on US soil. Back then, Washington found it difficult to freely obtain data on European air passengers flying to the US as well as information on European financial transactions operated by Belgian-based consortium SWIFT.
During the last EU-US summit under the Slovene EU presidency (9-10 June), the two sides agreed that "the fight against transnational crime and terrorism requires the ability to share personal data for law enforcement."
They reiterated the need for having a "binding international agreement", which would lower barriers for data exchange, while guaranteeing that the right to privacy is "fully" protected.
However, criticism is likely to come from the European Parliament, a strong advocate of citizens' rights.
"I am very worried that once this will be adopted, it will serve as a pretext to freely share our personal data with anyone, so I want it to be very clear about exactly what it means and how it will work," Dutch liberal Sophia in't Veld told the New York Times.