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5/24/10

EU Parliament: - plenary session says proposal bank and airplane passenger data transfer from EU to US not acceptable in its present form

Any new agreement on providing bank data to the United States - for example via the SWIFT system - must avoid "bulk data" transfers until they can be processed within the EU, warned MEPs on Wednesday. As for Passenger Name Records, Parliament opted to postpone its vote on the existing agreements with the United States and Australia and called for those accords be renegotiated on the basis of new criteria.

On the issue of bank data transfers, Parliament argues in a resolution adopted by show of hands, that bulk data transfers infringe EU legislation. It urges the Council and Commission to "address this issue properly in the negotiations". In addition, the new agreement should include "strict implementation and supervision safeguards, monitored by an appropriate EU-appointed authority" on the day-to-day extraction of and use by the US authorities of all such data. The maximum storage period must not exceed five years and the data may not be disclosed to third countries.

n the medium term, an EU judicial authority should oversee the extraction of data in the EU. Meanwhile, select EU personnel should take part in the oversight of the extraction process in the USA. Reciprocity would require the Americans to allow EU authorities to obtain and use data stored in servers in the US.

For more: Brussels plenary session - 5-6 May, 2010

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