Passenger name record (PNR) data: How the EU is promoting (virtual) security by actually limiting Passengers' fundamental rights

Abstract

The use for security purposes of airline passenger data (PNR) has gradually come to the fore especially in EU-US relations because of the tension between those who considered the use of PNR an effective tool in the fight against terrorism and those who considered the interference in citizens' privacy disproportionate. The Court of Justice intervened decisively on the issue in June 2022 with the “Ligue des Droits Humains” Judgment C-817/19. This ruling should have been followed by a review of the national legislations that transposed the Directive. On the contrary, the Member States are still going in the opposite direction to that indicated by the Court.