thoughts and observations of a privacy, security and internet researcher, activist, and policy advisor

Monday, April 11, 2016

Minutes from EU Court of Justice on #CanadaPNR

On 5th April, I attended the oral hearing of the Court of Justice of the European Union (CJEU) on the draft agreement between the EU and Canada on the transfer, use, and retention of air passenger data (EU-Canada PNR agreement). The European Parliament has submitted this agreement to the Court in November 2014.

It was my first time at the Court, and the Grand Chamber is really impressive. However, I watched the hearing from the press room next door in order to be able to use the laptop and wifi.

Colleague Thomas van der Valk was also tweeting.

Here are my tweets in chronological order and with some typos corrected:

EU Court of Justice hearing on EU-Canada PNR agreement about to start. I'll tweet from there.
"The Court is in session". Two short judgements are announced first, then #CanadaPNR hearing in a few minutes. #CJEU
hearing started. First: legal service of @Europarl_EN, which submitted the agreement to the Court.
.: 2 questions: lack of data protection rights, wrong legal basis of the agreement. Candadian law only allows Canadians remedy.
 . questions compatibility with Art. 8 of the Charter of Fundamental Rights (data protection): independent oversight?
. is also live-tweeting from the hearing at the
.: Article 47 of the Charter (judicial redress / legal remedies) not met with the PNR agreement?
.@Europarl_EN: Article 52 of the Charter (proportionality and necessity) not met either, see judgement?
. lists the several typed of processing of PNR data: transfer, access, analysis, retention, onward transfer.
 .: systematic analysis of all passenger data (profiling) not yet covered by case law such as or .
.: Canadian privacy Commissioner has been critical about large-scale PNR data analysis. "mega-data" not "meta-data"
.: PNR data will be transferred to US authorities under the "beyond the border" agreement,
Now: Council legal service, defending the agreement. " also accepted PNR agreements with USA and Australia."
(Reason for to submit agreement was CJEU judgement. It came after USA and Australia PNR agreements.)
Council now on legal arguments about opt-out options for Denmark, Ireland and UK, Court had asked about this as well.

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