This is how I think they Court came to its decision.
Suppose a private airline collects personal data for airline passenger
admin. The personal data are subject to Directive 95/46/EC. Suppose a
USA Government agency has on-line access to all of that data for its
national security purpose.
There are, in summary, two arguments
1. The personal data are subject to the Directive as they have been
collected by the airline, and disclosed by the airline to the USA
Government Agency via Article 13.1 (that was the Commission's argument
in essence)
2. Although the personal data was collected by the airline and subject
to the Directive, the purpose of the processing is for airline
administration and for a national security/crime/public safety purpose.
The airline has no interest in this latter purpose, it has been imposed
on the airline by USA law, it is not case-by-case disclosure as might
happen in relation to disclosure to the police - its all the data on
demand when the USA administration wants it, and the airline would not
process the data for this purpose otherwise.
In this case the Court determined that the personal data were processed
for a national security/crime/public safety purpose and that fell within
Article 3(2)
Dr. C.N.M. Pounder
Consultant & Editor of Data Protection & Privacy Practice
Pinsent Masons
International Law Firm
Outsourcing & Technology Group
Post-mail: 30 Aylesbury Street, London EC1R 0ER, UK
DDI: +44(0)20 7490 6605 Mob: 077990 35058
Fax: +44(0)20 7490 2545
E-mail: [log in to unmask]
www.pinsentmasons.com
www.out-law.com
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Roland Perry
Sent: 30 May 2006 17:30
To: [log in to unmask]
Subject: Re: [data-protection] European Court of Justice bans data
transfers reairline passengers to the USA
In message
<[log in to unmask]>,
at 16:13:33 on Tue, 30 May 2006, Pounder Chris
<[log in to unmask]> writes
>See Article 3(2) of Directive
OK, but why the need to mention it again in Article 13.1?
>-----Original Message-----
>From: This list is for those interested in Data Protection issues
>[mailto:[log in to unmask]] On Behalf Of Roland Perry
>Sent: 30 May 2006 16:03
>To: [log in to unmask]
>Subject: Re: [data-protection] European Court of Justice bans data
>transfers reairline passengers to the USA
>
>
>In message
><[log in to unmask]>,
>at 15:32:37 on Tue, 30 May 2006, Pounder Chris
><[log in to unmask]> writes
>>As the Directive does not apply to personal data processed for these
>>national security related purposes, the Court concluded that there was
>>therefore no legal basis for the transfer. This means that European
>>Commission could not claim that the Directive gave authority for the
>>transfer of PNR to the USA
>
>Sorry if I'm being dense, but why doesn't the Directive apply to that
>data? (And hence, why do the exemptions in article 13 not apply).
--
Roland Perry
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list
owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
This message has been scanned for viruses by MailControl -
www.mailcontrol.com
The contents of this e-mail and any attachments are confidential to the intended recipient. If you are not the intended recipient please do not use or publish its contents, contact Pinsent Masons immediately on +44 (0)20 7418 7000 then delete it. Contracts cannot be concluded with us nor service effected by email. Pinsent Masons may monitor traffic data. Further information about us is available at www.pinsentmasons.com.
This message has been scanned for viruses by MailControl, a service from BlackSpider Technologies.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|