The US air security strategy hit a legal hurdle on Wednesday as the European Parliament asked a court to judge whether a plan to pass on passengers' data to Washington breached EU privacy law.
The European Parliament voted by a narrow majority to seek the opinion of the European Court of Justice on the accord, under which US agencies can collect personal data such as credit card and phone numbers to spot potential terrorists.
"What we are seeking is the advice of the Court of Justice on whether this is compatible with our own law and treaty," said Liberal Democrat leader Graham Watson.
Parliament itself has no legal power over the accord, but a negative judgement by the European Court of Justice, the EU's highest court, would require changes in the agreement. The court can take up to two years to issue its opinion.
Asa Hutchinson, Under Secretary for Border and Transport Security at the US Department of Homeland Security, told Reuters he was disappointed with the outcome of the vote.
"This agreement that was negotiated with the European Commission provides strong security protection but also strong privacy protection," Hutchinson said in a telephone interview.
"The passenger information is essential to properly protect passengers in the plane".
Just ahead of the vote, EU External Relations Commissioner Chris Patten defended the deal, saying the EU would be better off with a clear framework than with the current legal vacuum.
He said withdrawing from the plan would lead to "complete disarray in the next few months".
EU airlines, facing the prospect of fines of $6,000 per passenger or even the withdrawal of US landing rights, have already started handing some data over to Washington.
Washington wants to collect up to 34 personal details about each traveller and keep them for 3-1/2 years.
That compares with the EU parliament's request for 19 pieces of information and for a shorter storage time.
Although supportive of sharing data to help the global fight against terrorism, EU lawmakers are concerned that United States air security plans do not offer sufficient privacy safeguards.
Unlike passport details, the data collected by commercial airlines and travel agents are not checked for accuracy. This may result in passengers being questioned or even arrested at the border should discrepancies appear, EU lawmakers say.
The EU executive Commission conceded for the first time this week that some elements of the anti-terror plan may not be in line with EU law.
It has expressed worries over a request by Washington to pass passengers' personal details to authorities in other countries, something EU law allows only under strict conditions.
Hutchinson said the United States would share the data with third countries' law enforcement authorities only in a very narrow case-by-case basis.
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