Airline passengers' data: adoption of an adequacy decision by the European Commission. How will the story end?
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In a recent paper, 1 we have discussed the consequences in EU law of US legislation 2 requiring airline companies to transfer and give access to US authorities to passengers' data. Such consequences have been analyzed vis-a-vis the right to privacy and personal data protection from a European point of view. We have also analyzed what would be the proper European legal basis to decide on this issue, and we have studied the documents exchanged between EU and US authorities taking into account the principles that should be respected to reach an “adequate level of protection”. This update considers the recent adequacy Decision on the subject from the Commission and other developments in the ongoing discussions across the Atlantic.
[1] Jonathan Gorman,et al. Rights and Reason: Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 Rome, 4.XI.1950 , 2003 .
[2] Yves Poullet,et al. The airline passenger data disclosure case and the EU-US debate , 2004, Comput. Law Secur. Rev..