Eu Japan Pnr Agreement

The STRATEGIC partnership agreement between the EU and Japan, signed in July 2018, strengthens the overall partnership and states: “The parties strive to use, in accordance with their respective laws and regulations, the available instruments, such as pnr data, to prevent and combat acts of terrorism and serious criminal offences, in accordance with the right to privacy and the protection of personal data.” A PNR agreement between the EU and Japan would help strengthen the proposed partnership for sustainable connectivity and quality infrastructure between the European Union and Japan, including improving air traffic safety. The Japanese authorities should use PNR data to prevent and combat terrorism and serious cross-border crime. The new agreement is expected to enter into force before the Summer Olympics in Japan. It follows an agreement reached at the 2015 EU-Japan summit, which was only concluded in writing in 2018 as part of a strategic partnership between the EU and Japan. Earlier this year, the EU also adopted a so-called adequacy decision, in line with Article 45 of the General Data Protection Regulation, which states that personal data “can flow freely between the two economies”. Evaluation of agreements with the United States and Australia Some EU member states are now calling for further agreements with third countries. Interested parties include, for example, South Korea and Israel, which are reciprocal, i.e. who wish to obtain personal data from the EU before each landing of an aircraft on their territory. An agreement on the transfer and use of PNR data is seen as essential to strengthening the EU-Japan partnership in the fight against terrorism and serious cross-border crime. Shortly thereafter, the Commission obtained the approval of the Renegotiation Council. At the recent EU-Canada summit this summer, the parties finally presented a new agreement that will be adopted by parliaments following a legal review. A decision on adequacy was also made in Canada.

Two international agreements between the EU and third countries (Australia 5 and the US 6) on the processing and transfer of PNR data are currently in force. On 26 July 2017, the European Court of Justice adopted an opinion on the EU-Canada agreement signed on 25 June 2014 7 . The Court held that the agreement could not be concluded in its intended form, as some of its provisions are incompatible with the fundamental rights of the EU to privacy and the protection of personal data. In particular, the Court has defined other legal requirements for independent oversight, sensitive data, automated processing of PNR data, the purposes for which PNR data can be processed, and the storage, use, disclosure and subsequent transfer of PNR data.