§ Lord Stoddart of Swindonasked Her Majesty's Government:
Whether, and if so under what provision, the European Commision is permitted to make an agreement with the United States to give that country personal details and other data, including information about credit cards, pertaining to United Kingdom subjects. [HL548]
§ The Parliamentary Under-Secretary of State, Department for Constitutional Affairs (Lord Filkin)The European Commission has been in discussion with the United States Department for Homeland Security about that department's requirement for airlines flying to, from or through the United States to disclose to the department information about the passengers they carry on such flights. I understand that the Department for Homeland Security has given certain undertakings in respect of its handling of that information; and that, based on those undertakings, the European Commission proposes to make a finding under Article 25.6 of the EC Data Protection Directive (95/46/EC) that there is adequate protection with regard to the transfer of the information to the department. I also understand that the "adequacy" finding will need to he accompanied by an international agreement under Article 300 of the treaty establishing the European Community. I am placing in the Library a communication from the European Commission to the Council of Ministers and the European Parliament about the discussions.