Maltese MEP's complaint prompts Brussels to probe UK procedure

The European Commission is investigating the UK's practice of requesting air passengers, including EU citizens, to submit personal data before their departure, The Times learnt yesterday.

A Commission spokesman said Nationalist MEP Simon Busuttil recently informed them that Maltese passengers travelling to the UK were being asked by travel agents and airline booking companies to give personal data that the UK government would "verify" before they left Malta.

According to the Commission, if this practice was indeed happening, it could be in violation of EU laws.

Dr Busuttil handed over the information following a parliamentary question, which prom-pted Brussels to investigate the matter.

He asked the Commission to check whether the practice was in conformity with EU rules, particularly those related to free movement and data protection. The information gathered was usually passed on to the UK immigration authorities.

In his reply, EU Justice Commissioner Jacques Barrot said that although air carriers could demand some information, "national legislation imposing an obligation on carriers to transmit the data on passengers must not impose any additional obligations on EU citizens and their family members and must not create an obstacle to their right to move and reside freely".

"The Commission will be contacting the UK authorities to obtain more details on their law and practice in order to assess its compliance with Community law," Mr Barrot told Dr Busuttil.

He added that an assessment of conformity with the EU directive on the protection of personal data would also be carried out. The directive laid down that, to be lawful, processing personal data must have an appropriate basis.

According to EU rules, air carriers were obliged to communicate passenger data. However, this could not be done indiscriminately and an EU directive laid down harmonised measures.

These required air carriers to communicate passenger data to member states responsible for carrying out checks on persons at external borders of a member state with third countries, for the purposes of improving border controls and combating illegal immigration.

According to the directive, if such data were required for a valid reason, it would be deleted within 24 hours after transmission, unless it was required as evidence in proceedings.

Mr Barrot stressed that such a measure, and the procedure by which the carriers dispatched their obligations to communicate the data, had to be carried out with due regard for the fundamental rights of EU citizens to move and reside freely within the EU.