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PNR Agreement EU-Canada Scrutinised: CJEU Gives Very Precise Guidance to Negotiators


Hielke Hijmans

Opinion 1/15 of the Court of Justice of the European Union of 26 July 2017 pursuant to Article 218(11) TFEU on the Draft agreement between Canada and the European Union (Passenger Name Records; PNR), ECLI:EU:C:2017:592. Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data OJ L 281/31). Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data (OJ 2004 L 261/24, ‘Directive 95/46’). Convention on International Civil Aviation, signed at Chicago on 7 December 1944 (United Nations Treaty Series, Volume 15, No 102, ‘the Chicago Convention’).

Hielke Hijmans, Independent Expert in EU law and privacy law; Senior Policy Advisor, Centre for Information Policy Leadership (CIPL); Of Counsel, Considerati Amsterdam; Formerly worked at European Data Protection Supervisor, Brussels. For correspondence: <>.


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