CJEU Opinion on EU-Canada PNR agreement

Background and further information:

The Court of Justice of the European Union argued that although the systematic transfer, retention and use of all passenger data are permissible, several provisions of the draft agreement do not meet requirements stemming from the fundamental rights of the European Union.

Canada and the European Union negotiated an agreement on the transfer and processing of Passenger Name Record data (PNR agreement) which was signed in 2014. The Council of the European Union requested the European Parliament’s approval of the agreement, and the European Parliament decided to refer the matter to the Court of Justice in order to ascertain whether the envisaged agreement was compatible with EU law and, specifically, with provisions relating to respect for private life and the protection of personal data.

The Court's Advocate General had already released its preliminary Opinion in September 2016.A new agreement on the transfer of passenger name records (PNR) was signed by the EU Council and Canada in 2014, but conclusion of the agreement required the European Parliament's consent. Consulted by Parliament, the European Court of Justice of the EU held in July 2017 that the envisaged agreement needs to be revised.

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