Vraagtekens bij akkoord met Australië over persoonsgegevens luchtvaartpassagiers (en)

The European Parliament adapted a report criticising the Council for concluding an agreement with Australia on the processing and transfer of passenger name records (PNR) without consulting or even informing the European Parliament. MEPs are concerned about the consequences of the agreement for EU citizens' right to data protection. The report was adopted with 610 votes in favour, 29 against and 47 abstentions.

In its recommendation, by Sophie In 't Veld (ALDE, NL), the House says the procedure followed for the conclusion of the agreement lacks democratic legitimacy, as at no stage was there any meaningful democratic scrutiny or parliamentary approval. Despite repeated requests, Parliament has at no point been informed or consulted.  The House questions the legal base chosen by the Council for the agreement and says Parliament "reserves its right to intervene before the Court of Justice".

Data protection

The text "welcomes the fact that the Australian Privacy Act applies unabridged to EU citizens, but is concerned about any exceptions and exemptions that may leave EU citizens with incomplete legal protection".  

Indeed, the European Parliament points out that the agreement covers "a wide range of purposes", "making it impossible to establish if the measures are justified and proportional".  As a result, the agreement "fails to meet EU and international data protection standards".

Parliament also believes that "an exchange of diplomatic notes is an unacceptable method for amending the list of departments and agencies that may have access to PNR data".

Lastly, the recommendation reminds the Council that "in the event of entry into force of the Treaty of Lisbon all the PNR agreements should be reviewed by associating the European Parliament on a fair basis".