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EU: PNR Directive: Member States want to go beyond EU rules and share "additional information"

05 October 2017

EU  
PNR Directive: Member States want to go beyond EU rules and share "additional information"
5.10.17
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EU Member States are working towards implementation of the EU Passenger Name Record (PNR) Directive, which mandates the surveillance and profiling of all passengers travelling by air within, out of and into the EU. The final report of a pilot project led by Hungary on exchanging PNR data between Member States' Passenge Information Units (PIUs) shows that some Member States see the Directive as limiting their efforts to share as much data as possible with other national authorities - including those of non-EU Member States.

See: NOTE from: Hungarian delegation to: Working Party on Information Exchange and Data Protection (DAPIX): Information Managment Strategy - Action 3 - Passenger Name Records Data Exchange Pilot (PNRDEP) - Final report (10879/17, LIMITE, 28 September 2017, pdf):

"During the project, the study and subsequent discussions among participants showed that, on the one hand, some Member States would prefer to refrain themselves to share only the PNR data indicated in Annex 1 to the Directive, and, on the other hand, some would like to share additional information, e.g. analytical information obtained from PNR data, risk assessment, common profiles, supra-national targeting rules etc., since this could bring added value to the work carried out within a PIU and would be a step forward to closing the intelligence gaps between PIUs.

Therefore it was tried to separate the issues concerning to the exchange and collaboration (between PIUs).

PNR data exchange: is based on the Directive Article 9.1 and 9.2. The subject of the exchange: all data indicated in Annex I of the Directive.

Collaboration: sharing additional information, e.g. analytical information obtained from PNR data, risk assessment, common profiles, supra-national targeting rules etc. The possibility of such cooperation is not directly addressed by the Directive, but sharing all these activities could bring added value to the work conducted within the PIU as it’s a step towards closing intelligence gaps between the EU PIUs." [emphasis added]

At least one potential legal base for sharing additional data has been examined: "it was discussed, whether Council Framework Decision 2006/960/JHA could be the legal basis for risk profile sharing."

The question of sharing PNR data with non-EU Member States has also been discussed, although the "scenario has not been simulated during the project":

"Apart from the specific regulation found in international agreements concluded between the EU and respective third countries, the transfer of PNR data by Member States to third countries will be permitted only on a case-by-case basis for the purposes of preventing, detecting, investigating and prosecuting terrorist offences and serious crime and in full compliance with data protection requirements and other conditions set out in Article 11 of the Directive.

Surveyed Member States showed a common intention to share the PNR data and/or analytical information obtained from PNR data with the non-EU Member States. The majority of the Member States mainly see it is possible on the basis of bilateral or multilateral international agreements." [emphasis added]

Background (Statewatch News Online)

• Massive biometric 'smart borders' database may be illegal (15 September 2017): "...the EU's PNR agreements with Australia and the USA... will have to be renegotiated, as will the EU PNR Directive..."
• PNR Directive: USA offers a helping hand to EU air travel surveillance and profiling efforts (14 June 2017)
• PNR: €70 million for swift implementation of travel surveillance and profiling infrastructure (21 December 2016)
• Putting the PNR pieces in place: more EU funding for mass surveillance (30 March 2016)

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