Jun 212022
 
 June 21, 2022  Posted by  Court, Non-U.S., Surveillance

From Papers, Please!:

The highest court of the European Union ruled today that an EU mandate for dragnet surveillance of travelers through government access to airline reservations might be permissible under EU law — but only under conditions that governments of EU member countries, and the US government, may be unable or unwilling to meet.

In 2016, the EU enacted a directive requiring each EU member state to enact a law requiring airlines to hand over copies of passenger name records (PNRs) to the government, and establish a new surveillance agency to profile travelers based on this PNR data.  This EU PNR Directive was modeled on US law and on the extrajudicial practices — never tested against the provisions of international human rights treaties, which generally can’t be invoked in US courts — of the US Department of Homeland Security.

[…]

In today’s ruling (press release and summary in Englishfull text of decision in French), the CJEU finds that the EU PNR Directive is not, on its face, invalid — but only if it is implemented and applied in accordance with a long list of conditions specified by the CJEU in its decision.

h/t, Joe Cadillic

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