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| Brussels-Geneva, 11 December 2004 Declaration of Marco Cappato, Radical MEP of the Lista Bonino, EP rapporteur on privacy and EC delegate to the World Summit on information society: "The two-months deadline set by the European Parliament according to art. 232 TCE to the Commission for failure to act on the issue of the violation of the right to privacy and data protection has expired two days ago, on the 9th of December. The EP asked the Commission to stop the violation of EU law on privacy and data protection related to the access by - and transfer to - US authorities of personal data of people flying from, to and through the US. Since last March, passengers' data collected by airline carriers and reservation systems in the EU are being treated by US authorities in violation of Regulation 2299/89 on computerized reservation systems and of directive 95/46/EC on privacy and data protection. Commissioner Bolkestein has repeatedly admitted during EP committee meetings that we are in a situation of illegality. National data protection authorities have been asked by the Commission to refrain from taking action against these transfers of data and the violation of EU and Member States' implementing laws, and have done so. The so-called "negotiations" with the US are more similar to a "begging", since the Commission has deliberately decided since last March to supersede on the application of EU law to apply US law in the EU and later to negotiate. Last but not least, the Commission and the Council are also considering to adopt a European data retention and treatment policy on passengers' data similar to the US. Rebus sic stantibus, the political and, most important, legal reasons the EP had to engage a procedure against the Commission are still and fully valid. The Commission is legally responsible for the violation of the fundamental right to privacy and to data protection, notably as implemented by EU law, and of the principle of democracy and of the rule of law in the EU." For more informations: Ottavio Marzocchi 0032 2 2843995 omarzocchi@europarl.eu.int |
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