Passenger Name Records in the Framework of EU Principles of Data Protection

Term Paper , 2018 , 149 Pages

Politics - Topic: European Union

The aim of this work is to describe the framework of data protection principles within EU law. It will be described how the right to privacy and data protection have been evolving since their birth and how they became fundamental rights that need to be balanced with other crucial interests of the Union, namely, national or public security, with special regard to Passenger
Name Records (PNR).

A passenger name record consists in a set of data elements which concern each airline passenger's travel itinerary, such as the number and method of reservation , home address, email address, timestamped IP address, mobile and phone numbers, emergency contacts, travel details, payment methods, Frequent Flyer Numbers, and even other billing information as meals
or services required by the passengers.

In the first chapter it will be pointed out: at first, how the right to privacy was firstly debated within the domestic law of the United States; secondly, which international organizations laid down principles dedicated to the right to respect for private and
family life; eventually, how the European Union created a comprehensive set of data protection laws safeguarding data subjects' rights.

In this regard, there will be analysed also the most relevant principles of the former Directive 95/46/EC1 and the process that brought into the adoption of the General Data Protection Regulation.

Within the first chapter there will be also examined the most remarkable judgements given by the European Court of Justice, which established several benchmarks for the right to data protection, such as "Lindqvist" Case, "Google Spain", and "Schrems" Regulation 2016/679 will be the main object of the first chapter, as far as it represents nowadays a set of rules that put data
subjects' rights at the core of the discipline set out for data protection.

The final purpose of the first chapter is to explain the most relevant concepts and definitions of data protection. Understanding such principles is necessary to analyse appropriately the second and third chapter.

The third chapter will deal with the international agreements regarding "Passenger Name Record" that have been adopted by the EU with third countries. There will be even observed the main characteristics of "Passenger Name Records" pointing out
how they were perceived, at first, as commercial records and when they became useful for purposes of preventing terrorist offences and other serious crimes.

Inhaltsverzeichnis (Table of Contents)

• The evolution of the European discipline concerning data protection: from Directive 95/46 to the new GDPR
• A brief history of privacy and data protection
• The role played by the European Union in data protection
• Relevant Provisions of Directive 95/46/EC.
• The principles regarding data protection established in the case-laws of the European Court of Justice
• “Bodil Lindqvist\" Case: processing personal data by automatic means through internet pages.
• Google Spain SL & Google Inc v. l'Agencia Española de Protección de Datos & Costeja González.
• Schrems v. Data Protection Commissioner......
• The enactment of Regulation 679/2016: general structure and principles..
• Material and territorial scope of application
• Key Definitions of the GDPR
• General principles established for processing and the data quality principles.
• The rights of the data subject: Chapter III of the GDPR.
• Privacy by design and by default
• Subjects ensuring compliance: The Data Protection Officer (DPO) and the European Data Protection Board (EDPB)....
• Supervisory Authorities (DPA).....
• Transfers of personal data to third countries or international organizations
• The PNR Agreements adopted by the EU with third countries
• What is a 'Passenger Name Record\"?
• The EU-US PNR-Agreements
• The 2004 Agreement, in the aftermath of 9/11
• The Court's Judgement in the joined cases C-317/04 & C-318/04 and the Opinion of the Advocate General Philippe Léger.
• Introduction to the 2007 Agreement and its risks for passengers' right to privacy.......
• The 2012 PNR Agreement between the US and the EU ...
• The EU-Australia PNR Agreements.......
• The 2008 EU - Australia PNR Agreement
• The 2011 PNR Agreement between Australia and the European Union...
• The 2005 Agreement between the EU and Canada regarding processing of API/PNR Data …………………………….....
• The Opinion 1/15 of the European Court of Justice....
• The ECJ's analysis of the Draft Agreement with Canada and the Opinion of Advocate General Paolo Mengozzi
• The ECJ's reasonings.
• Will the Opinion 1/15 have “systematic” effects?.
• The process of adoption of PNR Directive 2016/681
• The 2007 Proposal to establish a common framework on PNR in the EU
• The 2011 Proposal for a Directive, in the aftermath of the Treaty of Lisbon
• The principles established by the European Court of Justice for data retention.......
• “Digital Rights Ireland” case: the invalidation of the Data Retention Directive....
• The Judgement of the Court and the principles set out for Data Retention......
• “Tele 2 Sverige and Watson” Case: a European digital rule of law?........
• The facts of the proceeding.
• The Judgement of the European Court of Justice
• The adoption of Directive 2016/681
• The provisions of the new EU PNR Directive
• Scrutinizing Directive 2016/681

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This work aims to provide a comprehensive analysis of the framework of data protection principles within EU law, focusing on the evolution of the right to privacy and data protection, their fundamental nature, and their balancing with other crucial interests, particularly national security in the context of Passenger Name Records (PNR).

• Evolution of data protection in the EU: From Directive 95/46 to the GDPR.
• The interplay between data protection and national security in the context of PNR agreements.
• The role of the European Court of Justice in shaping data protection jurisprudence.
• The legal and ethical challenges posed by PNR data collection and sharing.
• The ongoing debate on the balance between privacy and security in the digital age.

Zusammenfassung der Kapitel (Chapter Summaries)

Chapter I traces the evolution of data protection in the EU, exploring the historical context, key legislation (Directive 95/46 and the GDPR), and relevant case law from the European Court of Justice. It examines the principles of data protection and the rights of data subjects, emphasizing the importance of balancing privacy with other crucial interests.

Chapter II focuses on international PNR agreements between the EU and third countries, providing an overview of the types of data collected, the rationale for data sharing, and the legal framework surrounding these agreements. The chapter delves into the various agreements with the US, Australia, and Canada, highlighting the evolving legal landscape and the challenges posed to data protection principles.

Chapter III examines the process leading to the adoption of the EU PNR Directive 2016/681, discussing key proposals and the influence of European Court of Justice rulings on data retention. It analyzes the provisions of the Directive, scrutinizing its potential impact on data protection and national security.

Schlüsselwörter (Keywords)

Key concepts and themes explored in this work include: data protection, privacy, fundamental rights, national security, Passenger Name Records (PNR), EU law, GDPR, Directive 95/46, international agreements, data retention, European Court of Justice, balancing, surveillance, digital rights, and legal frameworks.

• Author: Antonio Boscarino (Author)
• Publication Year: 2018
• Pages: 149
• Catalog Number: V495959
• ISBN (eBook): 9783346005373
• ISBN (Book): 9783346005380
• Language: English
• Tags: passenger, name, records, framework, principles, data, protection