Some further reflections on the Directive (EU) 2016/681 on PNR data in the light of the CJEU Opinion 1/15 of 26 July 2017

Over the last decades, it has arisen the need for increased cooperation between law enforcement authorities in making more systematic use of the data furnished by those moving to and from the States in order to prevent, detect, investigate and prosecute terrorism and other serious crimes. On 21 April 2016 the Council adopted Directive 2016/681 in order to regulate PNR data transfer from the airlines to the Member States, as well as the processing of this data by the competent authorities. Its validity, with particular reference to the balance between needs of security and the respect of fundamental rights, such as the right to respect for private life and the right to the protection of personal data, could be challenged after the conclusions reached by the CJEU in its Opinion on the EU-Canada agreement on PNR transfer.