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EU: European Commission's Legal Service says EU-USA PNR agreement is "not compatible with fundamental rights"

01 June 2011

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EU: European Commission's Legal Service says EU-USA PNR agreement is "not compatible with fundamental rights"

- Scope covers minor crimes: "proportionality of the agreement in question"
- Retention period goes far beyond that of the Agreement with Australia
- Agreement extended to cover US border security: "which is not linked to the purpose of preventing terrorism or serious crime"
- "no judicial redress to data subjects"
- "no guarantee of independent oversight"
- Legal Service advice ignored

See: Note from Commission Legal Services to DG Home Affairs (18.5.11, pdf), EU-US PNR Agreement (20.5.11, pdf) and Air passenger data plans in US-EU agreement are illegal, say lawyers (Guardian, link, pdf). For Background: (2003 - ongoing) Statewatch Observatory on the exchange of data on passengers (PNR) with USA

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