Air Passenger Data Transfer to the USA: the Decision of the ECJ and latest developments

How much of European air passengers' personal data should beshared with U.S. border control authorities, and under whatconditions should this take place? This article examines a judgementof the European Court of Justice annulling acts of the EuropeanCommission and the Council that had allowed the transfer ofpersonal information across the Atlantic. After an account ofEC-USA negotiations and the relevant legislative procedure,it considers the findings of the Court as to the formal validityof the above measures, as well as the question of their conformitywith substantive provisions of the European Community Data ProtectionDirective. Finally, it addresses pleas of the European Parliamentnot dealt with by the Court. The article concludes by supportingthe Court's decision, and pointing out the unlawfulness of formerand current data transfers of this type.