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.
#CanadaPNR hearing started. First: legal service of @Europarl_EN, which submitted the agreement to the Court.
.@Europarl_EN: 2 questions: lack of data protection rights, wrong legal basis of the agreement. Candadian law only allows Canadians remedy.
.@Europarl_EN questions compatibility with Art. 8 of the Charter of Fundamental Rights (data protection): independent oversight? #CanadaPNR
.@Europarl_EN: 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 #dataretention judgement?
.@Europarl_EN lists the several typed of processing of PNR data: transfer, access, analysis, retention, onward transfer. #CanadaPNR
.@Europarl_EN: systematic analysis of all passenger data (profiling) not yet covered by #CJEU case law such as #dataretention or #Schrems.
.@Europarl_EN: Canadian privacy Commissioner has been critical about large-scale PNR data analysis. "mega-data" not "meta-data" #CanadaPNR
.@Europarl_EN: PNR data will be transferred to US authorities under the "beyond the border" agreement, https://www.dhs.gov/beyond-border #CanadaPNR
Now: Council legal service, defending the #CanadaPNR agreement. "@Europarl_EN also accepted PNR agreements with USA and Australia."
(Reason for @Europarl_EN to submit #CanadaPNR agreement was CJEU #dataretention 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. #CanadaPNR