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Statewatch Analysis: Making Fundamental Rights Flexible: The European Commission’s Approach to Negotiating Agreements on the Transfer of Passenger Name Record (PNR) Data to the USA and Australia

01 March 2012

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EU-USA-AUSTRALIA PNR: Statewatch Analysis: Making Fundamental Rights Flexible: The European Commission’s Approach to Negotiating Agreements on the Transfer of Passenger Name Record (PNR) Data to the USA and Australia (pdf) by Chris Jones:

"It is important to note that while the Agreement and Draft Agreement both contain derogations from fundamental rights obligations, they are not isolated infringements on privacy and data protection. Rather, they are both a small part of a swiftly-expanding administrative machinery that seeks to collect and collate as much information about individuals as possible, supposedly in the name of safety and security. As noted above, the problem is not necessarily with the two PNR schemes analysed here – rather, the problem is with PNR schemes as a whole. The answer to suggestions that they are ineffective is not to suggest greater, more widespread collection of data, or even to permit such schemes to go ahead as long as they have sufficient safeguards. Rather, it is necessary to challenge the fundamental premises on which such schemes are based. The mass surveillance and monitoring of individuals’ movements and activities does not lead to security for free societies. Rather, it undermines their very basis."

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