Case Summary
In this Opinion, requested by the European Parliament, the Court considered the compatibility of the envisaged agreement between the EU and Canada on the transfer and processing of Passenger Name Record (PNR) with the right to privacy and data protection. In the agreement, the PNR data transferred to Canada was mainly intended to be subject to analyses, including risk assessment, by automated means, based on pre-established models and criteria and on cross-checking with various databases. In this Opinion, the Court for the first time sets out guidelines for the use of automated processing of PNR data. As expressed in paragraphs 168-174, the compatibility of automated analyses of PNR with Articles 7 and 8 of the CFREU essentially depends on: 1) the reliability of models and criteria 2) the possibility of having a re-examination by non-automated means 3) the possibility to review the pre-established models and criteria.
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