* EU-Canada agreed to share air passenger data for security
aims
* Top EU court assessing compatibility of agreement with
privacy
* A negative opinion could affect other data-sharing
agreements
By Julia Fioretti
LUXEMBOURG, April 6 (Reuters) - An agreement between the
European Union and Canada to share airline passenger data that
they say is key to fighting terrorism drew tough scrutiny at an
EU court hearing on Tuesday because of privacy concerns.
The dispute over the retention and sharing of passenger name
records (PNR) has become a shibboleth in Brussels for the debate
over balancing people's privacy with the need to protect against
terrorism.
The agreement with Canada foresees the retention and sharing
with Canadian authorities of airline passenger data by carriers
operating flights between the EU and Canada.
The Luxembourg-based Court of Justice of the European Union
(ECJ) heard arguments for and against the agreement at a
six-hour proceeding.
"We ... know that these crimes do not respect borders," said
D. Fennelly, a lawyer for Ireland. "The European Union cannot
and should not act in splendid isolation."
Islamist militant attacks in Paris last year
and last month's attacks in Brussels have stoked calls for law
enforcement agencies to have easier access to people's data.
Ireland, France, Britain, Spain and Estonia, who intervened
in the case, emphasized that PNR do not allow investigators to
paint a detailed picture of someone's private life.
But the European Parliament and privacy advocates cast doubt
on that assertion.
PNR includes name, travel dates, itinerary, ticket and
contact details, travel agent and other details.
"Practically all of the PNR data transferred by air carriers
is systematically analysed in order to make assumptions about
who is or who is not a dangerous traveller," said Anna Buchta,
agent for the European Data Protection Supervisor.
The governments' lawyers said it was impossible for
investigators to know beforehand which PNR data could prove
useful.
"If an agreement such as the envisaged agreement, which
respects fundamental rights, is unable to be concluded, it will
have a major impact on the conclusion of other agreements with
other countries, including the European PNR," said Dominique
Maidani, a lawyer for the European Commission, referring to a
stalled proposal to share passenger data among EU security
services.
But the lead judge on the case, Thomas von Danwitz, seemed
unconvinced about the privacy safeguards in the agreement.
"No one tells me that these data are transferred to Canada
and no one tells me why they are transferred to Canada," von
Danwitz said.
A nonbinding opinion from an adviser to the court is
expected in June, with a final ruling to follow after the
summer.
(Editing by Matthew Lewis)