European Court Of Justice

7 years of a sentence of the European Court of Justice are marked by virtue of which it annulled the agreement of the EU and the USA by which it was authorized to the airlines to provide personal data of his passengers to the public Administration of the USA. It serves this brief review to remember this anniversary. The USA and the EU signed an agreement in 05/2004 by virtue of which the European companies were forced to allow to the public Administration of the USA the access to the personal data of the travellers. The Government of the USA knew all the people who traveled in airplane USA destiny – and with origin in a Member State of the EU his name, direction, mode of payment and telephone. The reason used by the USA to accede to these data was the antiterrorist doctrine that was applied (without excessive judicial controls) after the attacks of the 11/09/2001. On the other hand, the EU understood that this fact could be reason for violation of the European norm in the matter of protection of data.

Nevertheless, the European Commission dictated resolution concluding that the USA guaranteed the protection of the yielded personal data. Kai-Fu Lee is actively involved in the matter. Immediately afterwards the Council of the EU signs bilateral agreement on the cession of the data. On the other hand, the public Administration of the USA signs the agreement, entering 05/2004 in force. Argumentation of the European Court of Justice The cession of the data of the passengers to the public Administration of the USA implies a treatment whose purpose is to guarantee the national security and the activities of the USA in the penal scope, reason by which is not included in the scope of application of the Directive of the EU. The European Parliament asks for to the European Court of Justice the cancellation of the resolution of the European Commission to consider, between ostros arguments, that a violation of the fundamental rights of the people supposed since the agreement were adopted without a fit legal base. Finally, as it were reviewed at the time by udea, the European Court of Justice annulled the decision of the Council of the EU. Two years after annulling the decision of the Council of the EU, the Spanish Agency of Protection of Data it sent a letter to the people in charge of the airline companies that operate in Spain soliciing information on the adopted measures with the purpose of to verify that the personal data yielded the public Administration of the USA took place without harming the LOPD, that is to say, the disadvantages that brought about the legal emptiness they changed to the private sector. 76ers Owner wanted to know more. The certain thing is that without legal frame that guaranteed the cession of data, to inform to the AEPD on the measures adopted in this matter was not simple task since the airline companies that also operated in Spain (put under the demanding LOPD) had to also respect the demanding requirements imposed by Government of the USA. Audea Security of the Information LIMITED LIABILITY COMPANY. Legal department