‘Exchange passenger data EU and Canada in conflict with law’
The agreement between the European Union and Canada on the exchange of passenger data is in several areas in violation of the European fundamental rights.
This is the conclusion of advocate-general Mengozzi of the European Court of Justice. It is an advice to the judges of the Court, and is therefore not binding. Typically, these opinions have taken over.
Canada and the European Union launched in 2010 the negotiations on the exchange of the so-called PNR (Passenger Name Record or passagiersnamenregister), and signed in 2014 with an agreement.
According to the chord data including travel dates, ticket information, contact details, payment details and luggage information is shared between Canada and the European countries. The exchange of such data is according to the parties, necessary in the fight against terrorism.
According to the advocate-general may exchange the data under strict conditions. There are, according to Mengozzi, however, to guarantee that there will be carefully handled with the privacy of the passengers.
So put Mengozzi questioned the way the Canadians unfocused the given would search for, who has access to the data, and in which cases the data exactly should be used.
Mengozzi refers also to the so-called Schrems-judgment. In that case, there was a stripe set between the American-European dataverdrag Safe Harbor because the Americans according to the European Court the privacy of European citizens is not guaranteed. That “path” must be followed, the attorney-general is of the opinion.