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EU-CANADA PNR: CJEU Advocate-General Opinion

08 September 2016

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"Advocate General Mengozzi takes the view that certain provisions of the agreement envisaged, as currently drafted, are contrary to the EU Charter of Fundamental Rights. More specifically, those are the provisions which:

- allow, beyond what is strictly necessary, the extension of the possibilities for processing PNR data, independently of the public security objective pursued by the agreement, namely preventing and detecting terrorist offences and serious forms of transnational crime;

- provide for the processing, use and retention by Canada of PNR data containing sensitive data;

- confer on Canada, beyond what is strictly necessary, the right to make any disclosure of information without a requirement for any connection with the public security objective pursued by the agreement;

- authorise Canada to retain PNR data for up to five years for, in particular, any specific action, review, investigation or judicial proceedings, without a requirement for any connection with the public security objective pursued by the agreement;

- allow PNR data to be transferred to a foreign public authority without the competent Canadian authority, subject to review by an independent authority, first being satisfied that the foreign public authority in question to which the data is transferred cannot itself subsequently communicate the data to another foreign body."

See the full text: According to Advocate General Mengozzi, the agreement on the transfer of passenger name record data, planned between the European Union and Canada, cannot be entered into in its current form: A number of provisions of the draft agreement are incompatible with EU fundamental rights (Press release, pdf)

See: Full text Opinion (pdf) and: European Court Opinion: Canada PNR deal cannot be signed (EDRI, link)

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