Avis sur le projet de décision-cadre du Conseil relative à l'utilisation des données des dossiers passagers (Passenger Name Record - PNR) à des fins répressives, JO C 110, 01.05.2008, p. 1
- legitimacy of the processing: the proposal does not provide for sufficient elements of justification to support and demonstrate the legitimacy of the processing of data;
- applicable legal framework: a significant lack of legal certainty is noted as regards the regime applicable to the different actors involved in the matter;
- the identity of data recipients: the draft Decision does not provide for any specification concerning the identity of the recipients of personal data collected by airlines companies;
- transfer of data to third countries: it is imperative that conditions of transfer of PNR data to third countries be coherent and subject to a harmonised level of protection.
Finally, the EDPS advises not to adopt the draft Decision before the new Lisbon Treaty's entry into force, so that it can follow the co-decision procedure foreseen by the new Treaty and the European Parliament is fully involved.