EU data protection watchdogs condemn SWIFT

4.01.26pm UTC (GMT +0000) Fri 24th Nov 2006

Liberal Democrat European justice spokeswoman Baroness Sarah Ludford MEP is calling for EU governments to re-commit to robust respect of privacy laws.

This is after the condemnation by EU data protection supervisors of international money transfer company SWIFT and European banks for violation of EU data protection safeguards when they handed over European citizens' personal banking details to the US authorities. In response to an administrative subpoena from the US Treasury, Belgium-based SWIFT gave officials from the CIA, FBI and other US agencies access to inspect bank transfer data.

The 'Article 29 Working Party' of European data protection commissioners (including the UK's Information Commissioner) unanimously adopted its opinion which states that 'SWIFT and the financial institutions in the EU have failed to respect the provisions of the [EU Data Protection] Directive' and that SWIFT must now take necessary measures to comply with its privacy obligations.

Baroness Ludford commented:

"This is a properly clear and forthright judgement on a gross breach of EU data protection law. The watchdogs confirm that it is simply illegal for an EU-based company to transfer confidential personal data to a third country without guarantees of adequate protection."

"SWIFT claims it was in a difficult position balancing US and EU legal demands. But the fact that the data was 'European', concerning the personal financial transactions of EU citizens, meant that EU laws should prevail. That European commercial and central banks could have let this breach happen without protest is a scandal."

"EU governments must respond with appropriate measures to ensure that European citizens can have confidence in the respect of EU data protection standards. There is no excuse, even in the fight against terrorism, for systematic violation of fundamental rights to privacy. Whether there is any civil legal liability to customers remains to be seen. "