EU-US counter-terrorism agreements for tracking money and airline passengers: a challenge to right to privacy and personal data protection

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Abstract

This article examines the lawfulness of the EU-US Terrorist Finance Tracking and Passenger Name Records Agreements which provide for the transfer of EU-originated data to US law enforcement authorities for countering terrorism, from the perspective of EU fundamental rights. It considers the historical background and scope of each agreement in separate and then proceeds to analyse whether or not the transfer of EU-originated data to the US under these agreements is necessary and proportionate, taking account of the counter-terrorism interests on one hand and rights and civil liberties of EU citizens on the other. The central discussion will revolve around the compatibility of both agreements with the safeguards of the fundamental rights as laid down under the EU Charter of Fundamental Rights in general and of the right to respect for privacy and to personal data protection in particular
Original languageEnglish
Pages (from-to)30-53
Number of pages24
JournalQueen Mary Human Rights Law Review
Volume2
Publication statusPublished - 30 Jun 2015

Keywords

  • Right to Privacy
  • Personal Data Protection
  • Personal Data Transfer
  • Financial Data
  • PNR data
  • Proportionality Principle
  • EU-US Terrorist Finance Tracking Agreement
  • Passenger Name Records Agreements
  • Counter-Terrorism

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