1. 1
Are EU's plans regarding Passenger Name Record (PNR) system
controversial?
More security for less liberty?
Abstract
The recent terrorist attacks in EU shocked its community, which already had fresh
memories of them. Hence, a need for security question is raised. The ‘EU Passenger
Name Record (PNR) system, which provides the storage and exchange of passenger data
among EU member states and between member states and non-EU countries under
specific agreements, came in the spotlight for once more. However, both the EU
institutions and member states have to take international human rights and freedoms
standards adequately into account. PNR system as a surveillance and control measure
has a serious impact on the right to privacy and data protection. To date, the use of PNR
data is not regulated at EU level. The establishment of an efficient and common EU PNR
system seems to be the most urgent and important issue of the new measures ahead.
Nevertheless, the so-called ‘EU PNR regime’ has been welcomed with contradicting
opinions.
List of Abbreviations
API Advanced Passenger Information
AEA Association of European Airlines
ECHR European Convention on Human Rights
ECtHR European Court of Human Rights
ECJ European Court of Justice
EU European Union
PNR Passenger Name Record
SIS Schengen Information System
VIS Visa Information System
I. Introduction

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The need to fight terrorism on European grounds has become increasingly obvious after
the recent attacks in France and Copenhagen, while the memories of the Madrid and
London bombings are still alive. Moreover, Europol has investigated around 3,600
organized crime groups currently in the EU1. In the wake of the above-mentioned facts, the
fight against terrorism and organized crime are principally national competences and does
not know borders. Therefore, terrorism and organized crime are often associated with
international travel and they have targeted European values and fundamental freedoms:
freedom of speech, freedom of religion and tolerance and respect for differences. Also,
they endanger peace as a goal and as a means of finding a solution for conflicts; in that, it
poses a threat to the European way of life. Moreover, the contemporary digital
environment builds a new space for unlawful behavior. In other words, it creates criminal
activity, by enabling criminal groups to access a vast range of victims, allowing them to
conduct their illegal acts in a very short period of time and, simultaneously on a much
larger scale than ever before. The spread of the Internet and technological assets have
caused important changes in crime areas, motivating criminal activity2.
It is entirely true that the immediate and urgent priority in EU level is to track down
terrorists, avoid further attacks and fight serious crimes that affect many areas of the EU’s
action and policies. The integrated approach guiding the actions of the EU extends from
prevention to law enforcement. This is based essentially on an effective cooperation
between the authorities of the Member States, and especially the law enforcement
agencies, including the exchange of information and mutual assistance in commitments3.
One of the tools to achieve that, as far as the importance of data as a major source of
information in today’s world is concerned, is the establishment of an EU PNR system.
Travel information gathered by carriers is an important instrument for law enforcement
authorities to impede, discover and investigate crime and prosecute those who committed
unlawful activities. The EU approach promises more security by the protection of privacy
and personal data. So, that is why European Union, while it is united in diversity, it is also
united when it is facing any adversity.
On the other hand, there are opponents of the establishment of a EU PNR system
regarding its influence on the rights to data protection and privacy. For instance, European
Digital Rights vacillates between the favorable and obscure use of PNR in Europe. They
support that the proposed system jeopardizes limiting primary rights, such as non-
discrimination, the right to privacy and the protection of personal data (Article 8 of the
1 https://www.europol.europa.eu/content/europol-identifies-3600-organised-crime-groups-active-eu-
europol-report-warns-new-breed-crim
2 ‘The rule of law on the internet and in the wider digital world’, Issue paper published by the Council of
Europe Commissioner for Human Rights
3http://europa.eu/legislation_summaries/justice_freedom_security/fight_against_organised_crime/index_en.
htm

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Charter and Article 8 of the ECHR). Last but not least, they who worry about the
Commission’s allegation that “PNR data is unverified information provided by passengers”,
it seems to be convinced that these unconfirmed data provided by the traveller can be
used in real time “to prevent a crime, watch or arrest persons before a crime has been
committed” 4 and to identify radicalized fighters, who have not committed any crime in the
past. This statement recognizes that the revelation of the profiles and the information
regarding innocent individuals is inevitable.
I a . What is PNR?
According to European Commission’s proposal for a Directive of the European
Parliament and of the Council in 2011, Article 2(c):
“‘Passenger Name Record’ or 'PNR data' means a record of each passenger’s travel
requirements which contains information necessary to enable reservations to be
processed and controlled by the booking and participating air carriers for each journey
booked by or on behalf of any person, whether it is contained in reservation systems,
Departure Control Systems (DCS) or equivalent systems providing the same
functionalities;”5
The directive that was put on vote, would consider the efficient selection of data to be
obligatory, such as the use and retention of PNR data on passengers boarding
“international” flights6, as to assist the authorities to combat organized crime and
terrorism. The committee in charge of the PNR proposal is the Civil Liberties, Justice and
Home Affairs Committee7. According to general approaches of Council and European
Parliament, the first supports the possible extension of PNR to internal EU flight, while
MEPs want to ensure that the proposal guarantees the data protection safety.
In other words, PNR data is the information, which is provided by passengers when
checking in on flights. This data contains different types of information of individual’s
private life ranging from travel dates and contact details, to payment methods and food
4 Proposal for a Directive on the use of PNR data for the prevention, detection,
investigation and prosecution of terrorist offences and serious crime: https://edri.org/files/101212-EU-
PNR-EDRicomments.pdf
5 Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the protection
of individuals with regard to the processing of personal data and on the free movement of such data
(General Data Protection Regulation)
6 those entering the EU from, or leaving it for, a third country
7 European Parliament: EU Passenger Name Record (PNR) proposal: what's at stake
Justice and home affairs − 26-01-2015

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preferences8. Airlines and travel agents possess IT systems specialized in collecting and
recording this data.
Member states would not have immediate access to the carrier's electronic systems,
since air carriers in the EU will be expected to send this data to an independent
designated unit9 of the member state in which the international flight arrives or from which
it departs. Moreover, there would be an autonomous surveillance authority of the member
state, which would be liable for advising and controlling the PNR’s process.
The member state would maintain these data no more than 30 days after the flight and
activate law enforcement authorities to compare them with files that already held.10 Making
the data anonymous, member states can maintain it up to five years, depending on the
bilateral agreement in every case. For instance, if it being stored by the Australian
authorities, it can be kept up to five and a half years or 15 years in the case of the US
authorities.
The collection and use of sensitive data11 would be prohibited. In the case that it is
transferred by mistake, it must be destroyed by the Member States. The anonymous PNR
data can be re-personalized only under very strict conditions. To illustrate this point, I
would like to proffer an example of a very strict condition; on condition that a person is
suspected of serious breach of the law or terrorist activity in a special criminal
investigation. On specific researches, member states would have in addition the privilege
to demand PNR data from another member state. It will be a decentralized system with
data management at national level, since in that way each Member State analyses the
data and subsequently informs its partners of the results that it brought out12.
To date, the use of PNR data is not regulated at EU level. Some member states already
hold a PNR system, as the UK, while others have either achieved legislation or are testing
PNR data systems. The proposal aims to incorporate the member states; to agree upon a
common collective and productive system of PNR data, using only the “push” method. I
8 Strauss, Michael (2010): Value Creation in Travel Distribution, http://www.amazon.com/dp/0557612462
9 This unit is the Passenger Information Unit, which belongs to every single member state.
10 EUROPEAN COMMISSION Proposal For A Directive Of The European Parliament And Of The Council
On The Use Of Passenger Name Record Data For The Prevention, Detection, Investigation And
Prosecution Of Terrorist Offences And Serious Crime
11 As it is recognized by the Advice paper on special categories of data, “sensitive data” are any personal
data that could disclose racial or ethnic origin, political opinions, religious or philosophical beliefs, trade
union membership or data concerning health or sexual life of the individual concerned. (ARTICLE 29
DATA PROTECTION WORKING PARTY)
http://ec.europa.eu/justice/policies/privacy/docs/wpdocs/others/2011_04_20_letter_artwp_mme_le_bail_dir
ective_9546ec_annex1_en.pdf
12 European Commission: http://europa.eu/rapid/press-release_MEMO-11-60_en.htm

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would like to point out that if and after it is approved, member states would have twenty
four months to adopt the directive into their national laws. Moreover, the proposal provides
the capability to extend the dimensions of the PNR directive by including internal
European flights13, a measure that Mr Kirkhope wants to introduce urgently.
Last but not least, the European Commission has adopted a package of agreements on
the exchange of PNR data between: the EU and the United States, Canada, Australia and
third countries. As far as the latter is concerned, there is a restriction that a Member State
has the right to transfer PNR data to a third country only if there is a necessity for the
scope of this Directive and if the third country agrees not to transfer to another third
country without the rapid authorization of the Member State. Moreover, “the safeguards
provided for in Council Framework Decision 2008/977 on the Protection of Personal Data
must be respected”14.
I b. Background of the EU-PNR directive
In April 2004, the Council adopted Directive 2004/82/EC on the obligation of air carriers
to communicate information concerning their passengers travelling to border control
authorities of the EU member states 15. This Directive, however, concerned the transfer of
API data16. This defective directive filled in November 2007, when the European
Commission announced a proposal on the use of PNR for law enforcement purposes The
creation of an ‘EU PNR system’ is considered not only as a weapon against terrorism and
organized crime, but also as a mean of the investigation of other crimes and of the
anticipation of illegal immigration. However, following the entry into force of the Treaty of
Lisbon, it elapsed. The Proposal for the use of EU PNR re-submitted by the Commission in
February 2011 and it is still in the "co-decision procedure”.
The 2011 draft directive, was rejected by the Civil Liberties Committee (LIBE) of the
European Parliament (EP) in April 2013, by 30 votes against and 25 in favor of an EU PNR
Scheme17. The debate points, among others, were the necessity and proposal, its scope,
international and intra-EU flights; and the data retention period.
13 Debates on the European Parliament: http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-
//EP//NONSGML+CRE+20120419+SIT+DOC+PDF+V0//EN&language=EN
14 EU proposal for passenger data to fight serious crime and terrorism – guide 02 February 2011
http://www.eubusiness.com/topics/transport/pnr-guide/
15 Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger
data, OJ L 261.
16 API concerns data from the automatic-readable area of the passport, including name, date of birth,
passport number and nationality.
17 LIBE EP Committee: No PNR data sharing within the EU : http://history.edri.org/book/export/html/3300

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In June 2013, Parliament decided to return the issue back to the Civil Liberties
Committee, in order for the latter to continue its work in search of an agreement. Debates
on the proposal based on worries regarding potential threats to the EU's internal security
posed by European citizens coming back home after fighting abroad. On August 2014, the
European Council called on Parliament and the Council of Ministers to finalize work on the
EU PNR proposal. 18 The Civil Liberties Committee debated the EU PNR proposal again
on November 2014. MEPs were still divided on the issue, with the most to stress the need
to assess the ECJ out-ruling the data retention directive, to evaluate the current measures
first and establish proper data protection safeguards.
This proposal is again under the spotlight after the January 2015 terrorist attacks in
Paris. On February 2015, the European Parliament passed a resolution on anti-terrorism
measures in which it: "Commits itself to work towards the finalization of an EU PNR
Directive by the end of the year;”19. Moreover, it “encourages the Commission to invite
independent experts from the law enforcement, security and intelligence communities and
representatives of Working Party 29 to contribute views and principles, in light of security
needs”. In February 2015, the main political groups ( EPP, S&D, ALDE and ECR ) at the
EP reached a commitment to conclude the European PNR “by the end of the year”20.
I c. The right to privacy
The right to privacy is definitely stated under Article 12 of the Universal Declaration of
Human Rights, 1948 : “No one shall be subjected to arbitrary interference with his privacy,
family, home or correspondence, nor to attacks upon his honor and reputation. Everyone
has the right to the protection of the law against such interference or attacks.21”
Of all the human rights, privacy is maybe the most difficult to give description. It can be
divided into the information privacy, bodily privacy, privacy of communications and
territorial privacy. The absence of a separate definition should not mean that the issue
lacks importance22. Privacy is a primary human right recognized in the UN Declaration of
18 European Commission - Passenger Name Record (PNR)http://ec.europa.eu/dgs/home-affairs/what-we-
do/policies/police-cooperation/passenger-name-record/index_en.htm
19 Ibid. 7, p. 4
20 Members of the Parliament wish to finalize the EU PNR Directive by the end of 2015:
http://www.anat.ro/en/members-of-the-parliament-wish-to-finalize-the-eu-pnr-directive-by-the-end-of-
2015/
21 The Universal Declaration of Human Rights: http://www.un.org/Overview/rights.html
22 Samuel Warren and Louis Brandeis, "The right to privacy", Harvard Law Review 4, 1890 pp 193 - 220.

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Human Rights23, the International Covenant on Civil and Political Rights24 and in many
other international and regional treaties. Privacy stands by human dignity and affects the
ability to exercise other key values, such as freedom of speech, freedom of expression
and freedom of assembly and association.
As it has been underlined several times by the ECtHR, the systematic collection and
storage of personal information, including administrative data, fall within the scope of the
right to a private life as protected by Article 8 ECHR25. Dealing with the criterion of
‘necessary in a democratic society’, even when national governments invoke internal
security objectives, the ECtHR requires evidence of a substantiated balance of the
different interests at stake26. Also, the ECtHR allows independent courts or authorities to
assess the necessity and proportionality of the security measures27.
The proposal for an EU PNR system concerns EU and non-EU passengers, who are
(generally) not suspected of any crime and the only reason their data are submitted is
because they have booked a flight. The fact that the information is only stored or
transferred and not always used in practice is unrelated to the application of Article 8
ECHR28. The ECHR has developed criteria for the necessary balance of powers between
the data-collecting authorities and the protection of the interests and rights of the
individual29. These criteria are consisted of limitations on the exercise of storing and using
the information; the commitment to inform the person concerned in advance about the
storage of his or her data; clear definition of the kind of information that may be recorded,
of the categories of individuals against whom surveillance measures may be taken and the
purposes for which the information can be used. In this case, the ECtHR has stated that
the way of exercise used by the qualified authorities should be “sufficient clarity, having
regard to the legitimate aim of the measure in question, to give the individual adequate
protection against arbitrary interference”30.
23 Article 12 of the Universal Declaration of Human Rights, 1948
24 ICCPR, Article 17.
25 European Agency for Fundamental Rights in the Opinion on the proposal for a Council Framework
Decision on the use of Passenger Name Record (PNR) data for law enforcement purposes, 28 October
2008.
26 Article 8 of the European Convention on Human Rights: http://echr-online.info/article-8-echr/
27 ibid.
28 Human Rights Review 2012:
http://www.equalityhumanrights.com/sites/default/files/documents/humanrights/hrr_article_8.pdf
29 Van de Hof, S. and Marga M.Groothuis “Innovating Government: Normative, Policy and Technological
Dimensions of Moderne Government”, Springer
30 Cyril Laucci, The Annotated Digest of the International Criminal Court, 2008. p.723, par.38

8. 8
Under the Swedish Presidency, the European Commission published the
Communication: An area of freedom, security and justice serving the citizen in June 2009.
Under the headings: “Promoting citizens’ rights – a Europe of rights”, this Communication
recalls that:
“The principle of safeguarding the right to privacy and freedoms of EU citizens, but
also of ‘vulnerable people’ has never been more important, considering the different
legislative measures and proposals dealing with the large-scale processing of
personal data of EU citizens and other nationals traveling within, towards and outside
the EU territory.31
”
II. Opinions on the EU-PNR
New surveillance and control measures, like PNR system, are enforced in the name of
combating terrorism and have a serious impact on the right to privacy and data protection,
which belong to the fundamental rights and freedoms of the individual. The so-called ‘EU
PNR regime’ has contradiction of opinions. Firstly, some support that it would use in
preventing, tracking, exploring and prosecuting significant crimes. By contrast, concerns
have been raised over the impact of PNR system on individual’s right to privacy32.
II a. In favor of EU PNR system
To begin with, according to the question of whether any interference in the right to
private life meets the criterion ‘necessary in a democratic society’, the ECtHR generally
gives a broaden allowance to the national authorities when it comes to national security or
31 COUNCIL OF THE EUROPEAN UNION: The Stockholm Programme – An open and secure Europe
serving and protecting the citizens (2009)
32 Parliament gears up for tricky debate on Passenger Name Record Directive: http://www.political-
intelligence.com/parliament-gears-up-for-tricky-debate-on-passenger-name-rights/

9. 9
the prevention of offences in contrast to what it would in regular cases33. Terrorism and
organized crimes are activities against to individual’s liberties and national security. So,
those who believe that more security is required, are based on one of the main principles
of the rules of state to protect their citizens and create a peaceful environment to live in.
The Civil Liberties Committee rapporteur Timothy Kirkhope (ECR, UK) has argued that in
order to prohibit criminals exploiting gaps in the EU, the EU has to place its own rules and
standards as soon as possible. Timothy Kirkhope in order to support his argument
published a revised proposal for an EU PNR system on 24th February 2015. By using
data, highly-trained authorities are able to build up a model of behavior that point towards
the perpetrators’ behavior. The use of PNR data diminishes profiling by basing law
enforcement decisions, which are associated with the traveller’s behavior and not the
traveller’s profile34.
Secondly, the usage of PNR data has certainly stated that is only for profiling purposes
of those persons who are most likely, depending on objective assessment criteria and
former experience, for the investigation of general crimes or security threats. During the
Council discussions about the value of PNR data for law enforcement purposes, it was
stated that “PNR allows the proactive use of the information contained in it, with the aim of
preventing crime and detecting crimes which have been committed or are being planned;
also, thanks to the later use of data which have been stored”, it may help to clear up
unsolved crimes35.” In achieving this, the law enforcement authorities are required to use
PNR data in real-time to run the PNR data against to various databases of 'known'
persons and/or objects. PNR data is useful, as well as, in an active approach to collect
evidence and, where relevant, to find affiliates of criminals and uncover criminal networks.
The President of the European Council, Donald Tusk, has prompted MEPs to approve
the creation of a unique and shared data based on personal information on air passengers
when they arrive in, or leave an EU country, by saying: ”this Parliament has rightly taken
seriously its role in defending the freedoms of European citizens”. He further added that if
the EU member states don’t succeed in establishing a single PNR system, they will end up
with 28 national systems, which won’t prove to be as beneficial, as they may interfere with
the privacy of civilians but wouldn’t provide enough protection to them. Moreover, Marine
33 European Commission - Towards A European Pnr System? Questions On The Added Value And The
Protection Of Fundamental Rights: http://www.statewatch.org/news/2009/jan/eu-pnr-ep-study.pdf
34 Revised Passenger Name Records proposal published: http://ecrgroup.eu/news/revised-passenger-
name-records-proposal-published/
35 Council doc. 15319/1/08, 20 November 2008, p. 7

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Le Pen said "We refuse to abandon any sovereignty. We refuse to have anything decided
for us. We should be able to decide who enters and who leaves our borders.”
This claim includes the ‘nothing to hide’ argument, which supports that if you are not
committing any offence you have nothing to hide, thus you should not be against to
government data subversion and surveillance. That means that governments do not
threaten privacy if they not reveal some unlawful activities, and in that way if they do, the
person performing these activities does not have the right to keep them private.
There are existing mechanisms for the collection and exchange of personal data
between law enforcement authorities, such as Schengen Information System (SIS) and
second-generation Schengen Information System (SIS II), Visa Information System (VIS)
and the directive on Advantage Passenger Information (API), which are mainly used to
verify identity and manage the EU’s external border. They are not provide sufficient raw
data to enable law enforcement authorities to identify 'unknown' suspects in the combined
proactive and real-time way that the analysis of PNR data does36. Moreover, it does not
demand air carriers to retain any additional data from passengers, nor does it demand
passengers to provide any extra data to that already being holding to air carriers.
Last but not least, the need of using PNR data should be in a limited method and in the
same time to be under the control of accurate data protection guarantees. It is supported
not only by third countries, but also by Member States that have already used such PNR
data for law enforcement objectives and noticed progress in the fight against drugs- in
particular. For instance, Belgium reported that almost all the drugs seizures were mainly
due to the processing of PNR data, five years ago. Also, Member States that have already
used such PNR data for law enforcement scopes, they also have a better comprehension
of the contents and functions of the criminal networks.
II b. The dangers of EU PNR system
Some organizations concerning the right to privacy, are thinking about the percentage
of personal data that a PNR might contain. Although the amount of data that is needed for
a booking is quite small, “a PNR will typically contain much more information of (…)
‘sensitive’ personal data37. Despite the fact that the amount is small, that does not mean
36 Great Britain: Parliament: House of Commons, Twenty-first Report of Session 2010-11, Documents
Considered by the European Scrutiny Committee on 9 March 2011.
37 i.Privacy & Human Rights, 80

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that the data, which is transferred is not sensitive. Taking this into account, those who
support the opinion that the character of the information that PNRs contain, deserves the
same privacy protection and importance as that afforded to medical and financial
information, they have right38. They, in addition, must be aware of the risks of some types
of data, since they can build profiles. For instance, meal desires can present information
about religion and hotel reservations can show passengers’ personal relationships39.
Civil rights organizations among others, expressed their concerns regarding the cost of
the PNR system reaching the excessive amount of 50 million euros in order to be
established in some Member States. Simultaneously, the ruling of the ECJ, believe that
the current proposal would be impossible to considered lawful because of its lacks on
storing of data and profiling.
The same reasoning about the proposed EU PNR is followed by the Fundamental
Rights Agency and the Article 29 Working party, which agrees on the deficient
proportionality of the proposal, since the system does not predict specific data collection
and analysis for targeted passengers. Instead, it is the same for all passengers on
international flights40. Home affairs and civil liberties spokesperson Jan Philipp Albrecht
MEP claims that "This disproportionate proposal would have been a grave departure from
the constitutional presumption of innocence, as well as breaching rulings of constitutional
courts in Europe and the ECHR”. Moreover, there are more issues that have been raised
as problems of the EU PNR proposal, such as the privacy violations and the lack of
protection against discrimination.
Regarding the protection of individuals’ rights, the EP therefore stressed that forceful
safeguards for privacy and legal protection must be put in place. More specifically, the EP
proposes further clarification of the relationship between the use of PNR and other
measures such as the API Directive, the Electronic System for Travel Authorization,
biometrics in passports, SIS, VIS and national border protection schemes41. Finally, the
EP emphasized the importance of an explicit definition of the role and powers of the PIUs
“in particular in terms of transparency and democratic accountability and in order to lay
down appropriate data protection rules”. Also, the Spanish Socialist MEP Enrique
ii. See Edward Hasbrouck, “What’s in A Passenger Name Record
(PNR)?,” http://hasbrouck.org/articles/PNR.html
38 ibid
39 “We still need to watch you, really”: PNR back in the Parliament: https://edri.org/pnr-back-in-the-ep/
40 Protecting Digital Freedom: https://edri.org/
41 European Parliament v Council, Joined cases C-317/04 and C-318/04, 30 May 2006

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Guerrero Salom warned that the PNR legislation "should be debated calmly and not in the
heat of the latest events”.
Furthermore, the level of adjustment has been questioned by the AEA, which prefers an
airline basic compiling and filtering system at EU level42. As the AEA stated in its position
paper of December 2007, “security of citizens cannot be the responsibility of airlines: this
should remain the exclusive task of national Authorities”.
As pointed out by different key actors, it is important that technical potentialities don’t
have an impact to the EU policy-makers, ignoring the real necessities of ‘actors in the
field’43, as well as the private rights and freedoms44. Alternatively the new improvements
will not lead to a ‘Europe of Rights’ as intended by the European Commission, but to a
‘Europe of Lost Freedoms’ due to the technical and bureaucratic limits45. The EU
approach collaborates for more security and a strict protection of individual’s data. A
society that does not take into account properly the personal privacy is a society in which
dignity, autonomy and trust are hazardous undermined. 46.
It would be important to be referred as an argument that privacy was missing in the
society of Oceania in George Orwell's book ‘1984’. It depicts a society, which under the
missing of privacy, a 'Big Brother'-existence can manage people’s lives. We should not
quit our liberties, or anyone else’s liberties, in order to gain purely symbolic benefits in the
fight against terrorism47.
42 AEA Policy Paper on transfer of airline passenger data to governments, April 2008
43 these actors are the border guards, the law enforcement authorities and the air carriers
44 The Opinion of the European Data Protection Supervisor of 10 July 2009 on the aforementioned
Communication of the Commission of 10 June 2009, stating in point 53.
45 ibid. 39.
46 Liberty: protecting civil liberties, promoting human rights: https://www.liberty-human-
rights.org.uk/human-rights/privacy
47 Jeremy Waldron , VIII. The Journal of Political Philosophy: Volume 11, Number 2, 2003, pp. 191–210
Security and Liberty: The Image of Balance, Law, Columbia University

13. 13
Conclusion
Some times, security technologies are more than items used for the protection, security
and surveillance. Many times the security practices, are political tactics to create a need
for security to citizens; this is the contradiction: the more security, the more the fear of
insecurity will be.
The creation of an efficient and common for European countries, PNR system seems to
be the most ambitious part of the new measures ahead, beneficial to recognize the travel
routes terrorists and criminals may use. Although most EU member states have their own
PNR system, as a result to the European legislation’s deficiencies, it is difficult to gather
PNR data under a common system and use it in a common way across Europe and
abroad. In fact, the topic since the proposal of 2011 is, that no PNR legislation has been
able to prevail the support of the European Parliament.
Members of the EU Parliament rejected it concerning the high possibilities of violation of
citizens’ privacy, while those voting in favor highlighted its potential added value for the EU
counter-terrorism policy, adding that a EU legislation would prevail over a group of
separated national systems. In my point of view, MEPs should conclude to an agreement
that protects lives and liberties by offering strong data protection rules under the European
principles and simultaneous make it more hard for a radicalized fighter to penetrate into
Europe without being noticed48. Consequently, with the Council already in agreement on
its position on the Directive, all eyes are on the Parliament, where the various political
groups remain divided on the proposed Directive.
Furthermore, as far as I am concerned, I believe that in order to protect EU against
terrorist attacks without compromising citizens’ rights, member states should make talks in
parallel with those on an EU PNR proposal and an EU data protection rules. Europe needs
one coherent PNR system with common personal data protection standards across the
EU, no 28 different. If they are not able to do this and to confront this situation, the
member states are going to deviate from European legislation, they are going to take their
own action and they will lose the opportunity to follow a common approach.
For all the aforementioned reasons, it would be significant for the Commission to
assess the effects of the EU Court of Justice’s annulment of the Data Retention Directive
48 http://audiovisual.europarl.europa.eu/Assetdetail.aspx?id=d9149905-6653-4c38-a296-a44b00a8fadd

14. 14
and to look for autonomous experts' views on the "necessity and proportionality" of the
PNR proposal49. The criteria as developed on the basis of Article 8 (2) ECHR should also
be taken into account when assessing the EU PNR system.
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Waldron J., VIII. The Journal of Political Philosophy: Volume 11, Number 2, 2003, pp.
191–210 Security and Liberty: The Image of Balance, Law, Columbia University
Warren S. and Brandeis L., "The right to privacy", Harvard Law Review 4, 1890 pp 193 –
220
EU Official publications
Association of European Airlines, Policy Paper on transfer of airline passenger data to
governments, April 2008
Council doc. 15319/1/08, 20 November 2008, p. 7.o
Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate
passenger data, OJ L 261.
Council Of The European Union: The Stockholm Programme – An open and secure
Europe serving and protecting the citizens (2009)
49 Passenger Name Record and data protection talks should go hand in hand. Press release - Justice and
home affairs − 11-02-2015

15. 15
European Agency for Fundamental Rights in the Opinion on the proposal for a Council
Framework Decision on the use of Passenger Name Record (PNR) data for law
enforcement purposes, 28 October 2008.
European Parliament v Council, Joined cases C-317/04 and C-318/04, 30 May 2006
European Scrutiny Committee, “Great Britain: Parliament: House of Commons, Twenty-
first Report of Session 2010-11, 9 March 2011.
Electronic Sources
Article 8 of the European Convention on Human Rights:
http://echr-online.info/article-8-echr/
“We still need to watch you, really”: PNR back in the Parliament:
https://edri.org/pnr-back-in-the-ep/
European Commission, Migration and Home Affairs ,Passenger Name Record:
http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/police-cooperation/passenger-
name-record/index_en.htm
European Commission Press releases database, EU Passenger Name Record (PNR) -
Frequently Asked Questions: http://europa.eu/rapid/press-release_MEMO-11-60_en.htm
European Parliament “Towards A European PNR System? Questions On The Added
Value And The Protection Of Fundamental Rights” Civil Liberties, Justice And Home
Affairs (2009):
http://www.statewatch.org/news/2009/jan/eu-pnr-ep-study.pdf
Edward Hasbrouck, “What’s in A Passenger Name Record
(PNR)?”: http://hasbrouck.org/articles/PNR.html
LIBE EP Committee: No PNR data sharing within the EU :
http://history.edri.org/book/export/html/3300
Members of the Parliament wish to finalize the EU PNR Directive by the end of 2015:

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http://www.anat.ro/en/members-of-the-parliament-wish-to-finalize-the-eu-pnr-directive-by-
the-end-of-2015/
Privacy: Everyone has the right to respect for his private and family life, his home and his
correspondence. - Article 8 of the Human Rights Act:
https://www.liberty-human-rights.org.uk/human-rights/privacy
Revised Passenger Name Records proposal published:
http://ecrgroup.eu/news/revised-passenger-name-records-proposal-published/
Summaries of EU legislation > Justice, freedom and security > Fight against organized
crime:
http://europa.eu/legislation_summaries/justice_freedom_security/fight_against_organised_
crime/index_en.htm