Policy Observatory

On 25 November the European Parliament voted, by 383 votes to 271, in favour of a resolution to refer the EU-Canada agreement on Passenger Name Records (PNR) to the European Court of Justice (CJEU). The CJEU will now decide on the compliance of the agreement with EU law, in particular the Charter of Fundamental Rights. As explained in previous EDRi-gram articles, PNR data has become an attractive and invasive source for governments to obtain personal data.

On 8 September 2016, the Advocate General of the Court of Justice of the European Union gave his Opinion confirming that the agreement between EU and Canada to share Passenger Name Records data is not fully in compliance with European law. The EU-Canada agreement is the least restrictive PNR agreement that the EU has so far adopted.

The top EU Court has struck down an EU-Canada agreement on the processing of airline passenger records. The Passenger Name Record agreement mandated data retention and permitted the bulk transfer of personal data provided by passengers booking a flight. The Court of Justice of the EU explained "the PNR agreement may not be concluded in its current form because several of its provisions are incompatible with the fundamental rights recognised by the EU." The data can reveal "a complete travel itinerary, travel habits, relationships existing between two or more individuals, and information on the financial situation of air passengers, their dietary habits or their state of health."