Case Law C-817/19 (27/01/2022)
Type: Opinios of Advocate General
Authority: European Authorities: Euopean Union' Court of Justice
Date: 01/27/2022
Subject: According to the Advocate general, the transfer and the generalised and undifferentiated automated processing of PNR data are compatible with the fundamental rights to respect for private life and to the protection of personal data. By contrast, a generalised and undifferentiated retention of PNR data in a non-anonymised form can be justified only where there is a serious, actual and present or foreseeable threat to the security of the Member States, and only on condition that the duration of such retention is limited to what is strictly necessary. Furthermore, the transfer of data appearing under the heading ‘General remarks’ laid down by the PNR Directive does not meet the requirements of clarity and precision required by the Charter
Parties: Ligue des droits humains
Classification: Freedoms - Art. 7 Privacy - Art. 8 Personal data: fairly processing - Personal data: consent - Personal data: access
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