Correspondence from the UKBA to members
of Maritime and Air Working Groups (MCCWG/ACCWG), 23 December
2009
Further to my letter of 18 December in which
I updated you of the European Commission's decision that e-Borders
does not breach Community law on Freedom of Movement or Data Protection.
I also acknowledge receipt of a number of emails and letters that
some of you have sent in on the back of my last letter.
Since receiving the Commission's decision our
priority has been on ensuring that the European Data Protection
Authorities (DPA's) understand the implication of that decision
to enable them to reassure their national carriers that compliance
with e-Borders has a proper legal basis in EU law. I am sharing
with you both the EU response by way of a letter dated 17 December
from Jonathan Faull to our Deputy Chief Executive Jonathan Sedgwick[16]
and my correspondence to the DPA's of today.[17]
I am aware that a number of you may already
be in receipt of the EU response. The reason for not releasing
a copy of it to you sooner is because I wanted to put it into
context with my correspondence with the DPA's which explains how
the terms of the EU decision will apply to e-Borders processes.
With the Christmas break upon us neither I nor my staff will be
able to take up any further individual points until our return
in the New Year. I am hoping that we can use the next meetings
of the ACCWG/MCCWG in January to progress our discussions and
to continue to work in partnership to achieve full compliance
with e-Borders requirements.
16 See correspondence from the European Commission
to the UKBA, December 2009, Ev 30. Back
17
See correspondence from the UKBA to the Data Protection Authorities,
December 2009, Ev 32. Back
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