Assist. Prof. Hristo Hristev, PhD[1]



The expansion of the terrorist phenomenon after 2001 became a reason for the introduction of various new counter-terrorism measures, among which significant importance has the collection and processing of personal data and the use of the possibilities, which the new Information Technologies provide in that respect. Among the introduced new measures is the use of PNR data in order to profile persons and identify risky profiles of persons, who may be connected to terrorist activities, or other forms of serious crime.

As far as considering the PNR model one of the key counter terrorism measures after the 11th of September 2001, the United States of America require the use of this model for all inbound and outbound US flights. This lead to the adoption of the PNR model by Canada, Australia and other countries, as well as to the conclusion of agreements for exchange of such data between the EU and US and the EU and Canada. After the new wave of terrorist attacks, which have affected various European countries since 2014, in 2016 the EU also introduced the use of a model for PNR data processing for the purposes of counteraction and investigation of terrorism and other serious crimes, applicable to the member states of the Union.

On the other hand, the collection and processing of PNR data for the purposes of counter-terrorism and fight against serious crime evokes severe criticism in the field of fundamental rights protection, particularly concerning the inviolability of private life and the protection of personal data. The raised issues regarding protection of the fundamental rights find resonance also in the practice of the Court of Justice of the European Union, which has already sanctioned in several decisions of utmost importance the concluded agreements for transfer of PNR data from the EU to the US and Canada. In that respect, particularly important is Opinion 1/15 on the draft of new agreement for transfer of PNR data to Canada.

While reviewing the development of the subject matter of PNR data use for the purposes of counter-terrorism and fight against serious crime in the context of Transatlantic cooperation, the present article focuses on the main weaknesses, revealed by the adopted mechanisms in this field compared to the requirements for personal data protection, developed by the law of the European Union. The article develops the idea that the existing regulation of PNR data collection and processing for the purposes of counter-terrorism and fight against crimes does not comply with the basic requirements, resulting from the protection of the rights to inviolability of personal life and protection of personal data and causes serious concerns regarding the perception of a model of general surveillance trough the automated personal data processing.



За достъп до пълната версия на статията, следвайте този линк: Трансатлантическо сътрудничество в борбата с тероризма и тежката престъпност – обмен на PNR данни и защита на основните права



[1] Assist. Prof. in Sofia University “St. Kliment Ohridski”, International Law and International Relations department