Guild, Elspeth, and Brouwer, Evelien. (2006) The Political Life of Data: The ECJ Decision on the PNR agreement between the EU and the US. CEPS Policy Brief, No. 110, 26 July 2006. [Policy Paper]
[From the Introduction]. In 30 May 2006, the European Court of Justice (ECJ) held that the Passenger Name Records (PNR) Agreement between the EU and the US on the processing and transfer of personal data by air carriers to the US was unlawful. Headlines in the UK’s Daily Telegraph indicate the seriousness with which industry has taken the judgment: “EU privacy ruling threatens chaos on flights to US” (31 May 2006). The Financial Times was even more alarmist: “EU airline ruling puts terror deal in doubt”. Clearly something important had happened, notwithstanding the fact that the ECJ preserved the application of the two contested measures until 30 September 2006, in order to provide time for a new agreement to be negotiated.
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