The Police and International Human Rights Law by Ralf Alleweldt & Guido Fickenscher

Author:Ralf Alleweldt & Guido Fickenscher
Language: eng
Format: epub
Publisher: Springer International Publishing, Cham

9.3.2 Collection and Exchange of Data in the EU and Between the EU and Third States

9.3.2.1 The EU PNR Directive

In December 2015, the EP and the Council negotiated Directive 2016/681 on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crimes (EU PNR Directive). According to Art. 1 (a) and (b) of the Directive, air carriers ought to transfer PNR data of passengers who are flying from outside the Union to the EU to EU Member States. The data is then collected, used, retained and exchanged by and between Member States. Member States may apply the PNR Directive to intra-EU flights too according to Art. 2 (1) of the EU PNR Directive. The collected data is depersonalised by masking out after 6 months.49 The access to full PNR data that leads to the identification of the individual concerned is only granted under strict and limited conditions.50 Pursuant to the Directive, Member States have to set up Passenger Information Units (PIUs) in order to manage the collection, storage and process of PNR data.51

The Directive was proposed by the Commission in 2011.52 However, the EP rejected the initial proposal of the Commission because it was in conflict with fundamental rights.53 Following the attacks in Paris and Copenhagen in 2015, negotiations on an EU PNR Directive started again in the Committee on Civil Liberties, Justice and Home Affairs (LIBE Committee) of the Parliament in July 2015. On 14 April 2016, the EP approved the Directive by 461 votes in favour, 179 votes against and nine abstentions. The text of the Directive was approved by the Council on 21 April 2016.54

The indiscriminate application of the EU PNR Directive to all aircraft passengers risks constituting a disproportionate interference with the right to data protection and the right to privacy.55 Moreover, it is questionable whether a direct correlation exists between the PNR data that is collected and used and the prevention, detection, investigation and prosecution of terrorist acts and serious crimes because the Directive applies or may apply to all persons from extra- and intra-EU flights.56

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