PNR ДАННИ – ИСТОРИЧЕСКО РАЗВИТИЕ И ЗАЩИТА КЪМ НАСТОЯЩИЯ МОМЕНТ
PNR DATA – HISTORICAL DEVELOPMENT AND CURRENT PROTECTION

Summary/Abstract: The article observes development of the EU legislation concerned Passenger Name Record (PNR) data, initially in Directive 95/46/EC, and subsequently in Directive (EU) 2016/681, as well as in the several PNR agreements mainly between the EU and the US, but also between the EU and 8 Australia, the EU and Canada. The Commission’s assessment of the implementation of the EU PNR Directive in the first two years is examined, which is generally positive. In its judgment in case C-817/19 Ligue des droits humains of 21 June 2022, the Court of Justice of the European Union (CJEU) ruled that “in the absence of a genuine and present or foreseeable terrorist threat to a Member State, EU law precludes national legislation providing for the transfer and processing of Passenger Name Record (PNR) data on intra-EU flights and transport operations; carried out by other means within the framework of the European Union”. In this sense, the CJEU has taken a more restrictive stance, especially with regard to two issues: (1) greater restrictions on intra-EU flights and transport operations; (2) a more rigorous approach to retention periods.

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