Towards a European PNR system ? Questions on the Added Value and the Protection of Fundamental Rights

In November 2007, the European Commission published a proposal on the use of Passenger Name Record (PNR) data for law enforcement purposes. This proposal is closely related to other instruments obliging air carriers to transmit passenger data to national authorities, including Directive 2004/82/EC and various agreements that were signed with third countries. The establishment of an EU PNR system is presented as a tool in the fight against terrorism and organised crime, but will also be used to investigate other crimes and to prevent illegal immigration. The European PNR system raises both practical as legal concerns. This study, taking into account the different comments of the organisations and institutions involved and the Resolution of the European Parliament of 20 November 2008, questions in the first place the efficiency and added value of the current proposal. To assess this question it takes into account existing measures on the largescale collection and storage of personal information (the Schengen Information System, Visa Information System and the EU proposals for automatic border control). The EU and its member states are bound by EU, international, and national standards on human rights. Therefore, the second part of this study describes the legal implications of an EU PNR system, focusing in particular on the right to data protection, the right to private life, the prohibition of discrimination and the issue of profiling. Finally, part three includes some final remarks and recommendations.