The European Union’s Passenger Name Record Data Directive 2016/681: Is it Fit for Purpose?

What is it about?

Collecting and exchanging passenger name record (PNR) data has been a controversial issue and is an issue the European Union has wrestled with for a number of years, especially in exchanging the data with states outside the European Union on issues of personal data protection. PNR data is a useful source of intelligence in relation to investigations into terrorism and serious organised crime. In 2011 the European Union attempted to introduce a PNR data Directive but failed primarily on grounds there were insufficient safeguards in relation personal data protection. In between the introduction of the 2016 EU PNR data directive the EU’s court, the Court of Justice of the European Union had two significant cases related to stat retention in relation to terrorism and organised crime investigations laying down the criteria needed to ensure there are sufficient safeguards protection personal data. This article examines if the 2016 Directive has not only sufficient safeguards in place but if it meets the legal criteria laid down by the courts in relation to protecting personal data.

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Why is it important?

It is important as little legal scholarly work has been carried out in this area and the transfer of citizens’ personal data between states requires safeguards to prevent abuse by other states’ agencies form using it for purposes outside the remit of the collection of PNR data.

Perspectives