ABSTRACT

An indispensable element of free movement of persons is the abolishment of controls on internal borders and the strengthening of external ones. Passenger Name Record (PNR) use for law enforcement purposes is based on the transmission of data related to passengers from air carriers to national passenger information units, where it is evaluated on the basis of the risk criteria, and then transmitted to the competent law enforcement institution. PNR Directive establishes PNR data collection and processing mechanism, including: data categories that makes a content of PNR data, entities involved and their competence, storage and transmission rules. Implementing Decision 2016/1250 includes Privacy Shield Principles and Department of Commerce commitments relating to the new arbitral model to protect right to data protection. In 2012, the new Agreement between the European Union and Australia on the processing and transfer of PNR data by air carriers to the Australian Customs and Border Protection Service also entered into force.