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The Fight Against Terrorism Through Aviation: Data Protection Versus Data Protection

The Fight Against Terrorism Through Aviation: Data Protection Versus Data Protection Pablo Mendes de Leon* The : Data Protection Versus Data Production 1. US Security Measures in Relation to Human Rights Since 9/11 hit the USA, this country has been the first to impose security measures involving data protection. The reaction to 9/11 was coupled with institutional reform such as the formation of the Department of Homeland Security, the imposition of security measures and a reform of policy objectives internationally. Airlines had to implement and execute such measures, which included the transfer of Advanced Passenger Information to US governmental authorities. The measures imposed by US governmental authorities are considered in the light of EU concerns regarding the safeguarding of human rights, Community law procedures and international air law provisions. The continued effect of the two objectives ­ the and the protection of human rights ­ are laid down in the EU-US agreement of 2004. However, on 30 May 2006, the European Court of Justice (the ECJ) annulled the decision of the EU Council, approving the said agreement, as the ECJ found that the legal basis for the decision approving the EU-US agreement was wrong. The present brief essay examines the legal implications of the above initiatives, and concisely analyses http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Air and Space Law Kluwer Law International

The Fight Against Terrorism Through Aviation: Data Protection Versus Data Protection

Mendes de Leon
Air and Space Law , Volume 31 (4&sol5;) – Sep 1, 2006
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Kluwer Law International
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0927-3379
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Abstract

Pablo Mendes de Leon* The : Data Protection Versus Data Production 1. US Security Measures in Relation to Human Rights Since 9/11 hit the USA, this country has been the first to impose security measures involving data protection. The reaction to 9/11 was coupled with institutional reform such as the formation of the Department of Homeland Security, the imposition of security measures and a reform of policy objectives internationally. Airlines had to implement and execute such measures, which included the transfer of Advanced Passenger Information to US governmental authorities. The measures imposed by US governmental authorities are considered in the light of EU concerns regarding the safeguarding of human rights, Community law procedures and international air law provisions. The continued effect of the two objectives ­ the and the protection of human rights ­ are laid down in the EU-US agreement of 2004. However, on 30 May 2006, the European Court of Justice (the ECJ) annulled the decision of the EU Council, approving the said agreement, as the ECJ found that the legal basis for the decision approving the EU-US agreement was wrong. The present brief essay examines the legal implications of the above initiatives, and concisely analyses

Journal

Air and Space Law – Kluwer Law International

Published: Sep 1, 2006

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