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European Observer on fundamental right's respect

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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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