Repeating the Mistakes of the Past Will Do Little Good for Air Passengers in the EU: The Comeback of the EU PNR Directive and a Lawyer's Duty to Regulate Profiling

Abstract

On the 17th of February an old data protection acquaintance, the EU PNR Directive1, returned to life. On that date the Parliament’s LIBE Committee released its Report2 on its rst (re-)reading of a dra that was otherwise presumed dead since 2011, when that same Committee found it unacceptable because of fundamental rights concerns and asked the Commission to withdraw it. The fact remains that the general data protection environment has in the meantime substantially changed: the PNR Directive’s provisions must now be reconciled with the latest case law of the Court of Justice on acceptable surveillance and with the EU data protection reform package, in particular with its dra Police and Criminal Justice Directive8 that is to replace the 2008 Framework Decision. is applies both to substantive law and supervision model