New European Commission proposal on the use of PNR data in the fight against terrorism

The proposal aims to harmonise Member States’ provisions on obligations for air carriers, operating flights between a third country and the territory of at least one Member State, to transmit PNR data to the competent authorities for the purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious crime. It does not require air carriers to collect any additional information from passengers or to retain any data, nor does it require passengers to provide any data in addition to that already being provided to air carriers.

According to the Commission, the necessity of using PNR data, in a limited manner and subject to strict data protection guarantees, is supported by a number of factual elements, as reflected in the Impact Assessment.
(Summary of the impact assessment here.)

Under the proposal, intra-EU flights will not be covered for now, but “the commission is likely to propose that such a step may be taken into consideration in a few years’ time, if member states so require. “

The negotations on the PNR proposal are expected to last two years.

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