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The Legitimacy of Bulk Transfers of PNR Data to Law Enforcement Authorities under the Strict Scrutiny of AG Mengozzi

Fanny Coudert


Request for an Opinion 1/15, Opinion of Advocate General Mengozzi, Court of Justice of the European Union, 8 September 2016, ECLI:EU:C:2016:656
The compatibility of bulk transfers of PNR data to Canadian law enforcement authorities with the EU Charter of Fundamental Rights requires clear and precise provisions as regard the scope of the Agreement, the way how the data will be used, the authorities and persons accessing the data, data retention periods, and onwards transfers. Such regimes should be accompanied by strict oversights mechanisms that ensure an independent control and provide sufficient and clear remedies to individuals. Sensitive data should be excluded from the scope of the Agreement.
Proposal for a Council Decision on the conclusion of the Agreement between Canada and the European Union on the transfer and processing of Passenger Name Record Data (COM(2013)528 final) - Article 16, 82 and 87 Treaty on the Functioning of the EU - Articles 7, 8 and Article 52(1) of the Charter of Fundamental Rights of the EU

Fanny Coudert, researcher in privacy law at the Center for IT and IP Law (CiTiP)-KU Leuven-iMEC. For correspondence: '>.


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