Exploring the PNR data exchange and its compatibility with EU law

Table of contents

• Original news
• What is the background to this case?
• What did the court decide?
• What are the implications of this case for transfers of personal data (including sensitive personal data) outside the EU?
• What are the possible implications for the future of the Privacy Shield?
• What are the possible implications for data transfers to the UK following Brexit?

Article summary

Information Law analysis: The Court of Justice of the European Union has declared in Opinion 1/15 that the proposed agreement between the EU and Canada on the transfer of passenger name record (PNR) data may not be concluded in its current form owing to its incompatibility with fundamental EU rights. Denis Kelleher, CIPP/E, BCL, LLD, barrister-at-law, senior legal counsel in the legal division at the Central Bank of Ireland, discusses (in a personal capacity) the implications of the Opinion regarding transfers of personal data outside the EU, the future of the Privacy Shield, as well as the implications for data transfers to the UK following Brexit.