The European Court of Justice has ruled that the 2014 EU-Canada passenger name record (PNR) agreement was "incompatible with the fundamental rights recognised by the EU," because the records ("names, travel dates, itineraries, ticket and contact details, travel agents and other information") were used for purposes "beyond what is strictly necessary for the prevention and detection of terrorist offences and serious transnational crime."
In other words: if you let mission-creep infect your data-sharing arrangement, the ECJ will kill it.
The ECJ hasn't ruled (yet) on the US-EU version of this agreement, but it has exactly the same structural problems as the Canadian deal, so don't expect it to hold up, either.
“The court declares that the agreement envisaged between the European Union and Canada on the transfer of Passenger Name Record data may not be concluded in its current form,” the European Court of Justice said in a statement.
“Several of its provisions are incompatible with the fundamental rights recognised by the EU,” the court said.
An adviser to the European Court of Justice said in September that the passenger name record (PNR) agreement with Canada, agreed in 2014, needed to be redrafted before it could be signed because it allowed authorities to use the data beyond what is strictly necessary for the prevention and detection of terrorist offences and serious transnational crime.
The EU also has a PNR agreement with the United States as well as an internal one, both of which could face challenges in light of Wednesday’s ruling.
EU-Canada agreement on passenger names declared illegal: ECJ
[Dan Alexe/New Europe]
(via Naked Capitalism)
(Image: Thomas Tolkien, CC-BY)
The Supreme Court has ruled in the closely watched Carpenter v. United States case, which questioned the constitutionality of warrantless location surveillance, a widespread practice among US law enforcement and surveillance agencies.
This morning, the EU's legislative affairs committee (JURI) narrowly voted to include two controversial proposals in upcoming, must-pass copyright reforms: both Article 11 (no linking to news stories without permission and a paid license) and Article 13 (all material posted by Europeans must first be evaluated by a copyright filter and blocked if they appear […]
On Monday, the Supreme Court will review the 9th Circuit's decision in Apple Inc. v. Pepper, in which the plaintiffs argue that Apple has established a monopoly over apps for Ios (this part is actually incontrovertible, as Apple has used both technology and law to prevent rival app stores from operating), and that Iphone and […]
Projects big and small always go smoother when the whole team is collaborating, but members tend to get lost once the conference call ends. Timelinr is a project management solution that helps keep your stakeholders, team, and clients in the loop with high-level project roadmaps and granular task boards. Subscriptions are available today for $49.99. […]
The Adobe Creative Cloud is home to a suite of editing tools today’s creatives count on to produce their content. Whether you’re an aspiring photographer, animator, or graphic designer, Adobe’s programs can help you in your creative pursuits, and with the Complete Adobe CC Training Bundle, you can come to grips with six of them for […]
Your pet might be photogenic, but getting them to stare long enough at your camera to snap that Instagram-worthy photo isn’t as simple as telling them to sit. Bribing your pets with their favorite treat, however, might just do the trick, and with the Adjustable Pet Selfie Smartphone Attachment, you can do just that while getting […]