WRITTEN QUESTION E-0795/03

by Alexandros Alavanos (GUE/NGL) to the Commission

(14 March 2003)

Subject: Personal data of European citizens

A Greek university professor, Mr Evgenios Angelopoulos, was arrested and questioned by US authorities as soon as he landed in New York, despite the fact that he had been issued with a visa for the United States by the American consular authorities in Athens.

It has been reported in an Athens daily, citing well-informed Commission sources, that the American authorities hold a large amount of personal data concerning this Greek citizen which European authorities had transmitted to the US authorities on the basis of an agreement in principle concluded between the European Union and the United States providing for the personal data of travellers from the Member States of the Union to the US to be passed on to the American authorities.

1. Does the agreement in principle concluded with the United States on the transmission of sensitive personal data cover the personal data of Europeans travelling to the United States? Did the Legal Affairs Council consider this matter in any way at its meeting on 27/28 February 2003?

2. Does the Commission know which Member States have already signed bilateral agreements with the United States concerning the transmission of the personal data of their citizens, and which of these agreements cover the transmission of personal data of travellers to the United States?

Answer given by Mr Bolkestein on behalf of the Commission

(14 April 2003)

The Commission is aware of the case referred to by the Honourable Member. It was informed of this case by the Greek authority responsible for the protection of personal data. However, it does not have any information regarding the source of the data held by the American authorities that led to the arrest of a Greek university professor and therefore cannot confirm or deny the link between this arrest and the information published in the Greek press.

This said, the Commission has entered into a dialogue with the American authorities following the introduction by the United States (and not by the European authorities) of various laws making it compulsory for companies operating flights to the United States to transmit personal data regarding passengers and crew members. These obligations are directed at companies operating out of Europe. The dialogue currently under way aims to prepare the ground for a solution that will guarantee that the data submitted are properly protected in the United States in accordance with the requirements of Directive 95/46/EC(1) on data protection.

These discussions have not given rise to any agreement in principle, but the American customs and the Commission have issued a joint declaration and the American customs have given an undertaking relating specifically to the protection of sensitive data.

Lastly, the Commission is not aware of the existence of bilateral agreements between Member States and the United States on this issue.

(1) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data OJ L 281, 23.11.1995.