The idea is that European governments would have access to a database containing the names and addresses of travellers, but also information about their credit card, email addresses, telephone numbers and hotel or car reservations.
"The information would be handed to the government of the country a person was flying to and would only be used for anti-terrorism purposes," said the spokesman. Data would likely be held for three years.
However, it is probable that Frattini will find it difficult to get his plan approved. Indeed, in order to comply with US anti-terror requirements, the Council signed an agreement with the latter, in May 2004, forcing airlines to give US authorities personal data regarding passengers on planes flying to or through the United States.
Civil liberties groups and the European Parliament immediately took issue, arguing that the agreement did not provide sufficient protection for European passengers travelling to the US.
In September 2004, the European Parliament brought the case to the European Court of Justice (ECJ), accusing the Commission of misuse of powers, breach of fundamental rights and of the principle of proportionality. It also appealed for annulment of the Council decision adopting the agreement.
The ECJ delivered its judgement on 30 May 2006, declaring that the Council decision was not “founded on an appropriate legal basis”. The Court gave the EU and the US until 30 September 2006 to renegotiate the deal. EU officials have said that they will not be looking to alter the substance of the agreements, despite Parliament’s concerns, but rather to make its underpinnings conform to European law.
Although the plan currently suggested by Commissioner Frattini will not entail the transfer of personal data to third countries, the content of the proposal is likely to be very similar to that of the agreement signed in 2004 with the US and will probably also prove highly controversial among civil liberties groups and MEPs.
