Abstract

On 26 July 2017 the Court of Justice of the European Union issued Opinion 1/15 on the compatibility with EU fundamental rights of the draft agreement between the European Union and Canada on the transfer of Passenger Name Record data. In particular, it is the first ruling concerning the compatibility of a draft international agreement with the EU Charter of Fundamental Rights, notably with its Articles 7 and 8, on the right to respect for private life and the right to the protection of personal data. The Opinion, which found a profound incompatibility between the agreement and the Charter, apparently entails significant consequences for the international relations of the Union and the fate of the EU Passenger Name Record framework as a whole, including the regional scheme recently introduced by Directive 2016/681/UE.

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