PNR letter to Commissioner Ylva Johansson

25 July 2023: ERA along with other associations, addressed a letter to the Commissioner for Home Affairs, Ylva Johansson, in May on the issues and the impacts on air carriers caused by Passenger Name Records (PNR). Last week, the Commissioner provided a response to our concerns.

As you may recall, PNR data sharing from EU to non-EU countries is still unsolved on the EU side, meanwhile the number of non-EU countries that require PNR keeps increasing. This issue has had consequences on air carriers which have been suffering from this legal confusion and have been more and more exposed to financial and operational sanctions by authorities.

We shared such concerns with Commissioner Ylva Johansson who kindly responded to us last week. She assured that the Commission is trying their best to find a balance between legitimate objective to maintain public security while protecting personal data and private life. The main response of the Commission to this situation is to keep negotiating international agreements with third countries and encouraging the development of new ICAO standards on PNR. Besides, the Commissioner emphasised the role of the Judgement of the Court of Justice delivered in June 2022, confirming the validity of the PNR system established under the PNR Directive that clarified the extent to which any transfer and processing of PNR data can be considered necessary and proportionate under Union Law. She also assured that the Commission will keep negotiating a PNR Agreement with Canada and will open negotiations with other countries including Iceland, Norway and Switzerland as well.

On the other side, the issue is already being discussed among ECAC member states and prior engagements were taken within the Commission as the EU roadmap on 'The external dimension of the EU policy PNR' launched in 2020.

Despite the efforts of the European Union, we are aware that some members are still facing difficulties due to PNR; if so, please write to alessia.affinito@eraa.org. We will try to raise your problems together and will maintain discussions with the Commission on the topic.

30 May 2023: ERA has, along with other aviation associations. addressed a letter to the Commissioner for Home Affairs, Ylva Johansson on the impacts on air carriers of the EU policy on Passenger Name Records (PNR).

During the previous years, PNR data transfers to third countries have increased, although European legislation does not frame such data transfers unless third countries are authorised to do so by the European Union or Member States. These transfers have been lacking legal frame as only three international agreements have been reached in the previous years.

This issue has had consequences and air carriers have been suffering from this legal confusion. They have been more exposed and threatened with financial and operational sanctions by authorities due to non-compliance. However, this is also impacting authorities because as many third countries are not receiving the PNR data lawfully required, EU countries may stop receiving back PNR data from third countries.

The issue is already being discussed in the among the ECAC member states and prior engagements were taken within the Commission as the EU roadmap on “The external dimension of the EU policy PNR” launched in 2020.

Nevertheless, there is a need for more legal clarity to avoid additional burden and pressure over air carriers.