The protection of personal data in the fight against terrorism New perspectives of PNR European Union instruments in the light of the Treaty of Lisbon

Abstract

This article addresses the protection of personal data in the European Union in the context of the fight against international terrorism taking into account the new European Union architecture provided for by the Treaty of Lisbon. After having delineated the European legal background concerning the right to privacy, the author examines the Passenger Name Records (PNR) Agreements concluded by the European Union with the United States, Canada and Australia. A further object of analysis is the 2007 proposal for a Council Framework Decision on the use of PNR data for law enforcement purposes, which is aimed at creating an autonomous PNR system in the European Union. The author considers that these instruments are likely to violate rights and fundamental freedoms of individuals, in particular the right to privacy. This is also due to the architecture of the European Union, whose structure is incapable of adequately and completely protecting the right to personal data protection. As a consequence, the author proposes solutions to modify PNR instruments, especially in light of the future changes that the Treaty of Lisbon will make to the structure of the European Union.