Data protection and passenger name record in judicial criminal matters under the EU–UK Trade and Cooperation Agreement
| Date | 01 June 2021 |
| Author | Catherine Van de Heyning |
| DOI | 10.1177/2032284421994920 |
| Published date | 01 June 2021 |
| Subject Matter | Analysis/Opinion |
Analysis/Opinion
New Journal of European Criminal Law
2021, Vol. 12(2) 257–264
© The Author(s) 2021
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/2032284421994920
journals.sagepub.com/home/nje
Data protection and passenger
name record in judicial criminal
matters under the EU–UK
Trade and Cooperation
Agreement
Catherine Van de Heyning
Universiteit Antwerpen, Belgium
Abstract
The submission discusses the provisions in the EU–UK Trade and Cooperation Agreement on data
protection as well as the consequences for the exchange of passenger name record data in the field
of criminal and judicial cooperation. The author concludes that the impact of the Agreement will
depend on the resolvement of the United Kingdom to uphold the standards of protection of
personal data equivalent to the EU’s in order to reach an adequacy decision.
Keywords
Brexit, data protection, passenger name record, trade and cooperation agreement, United Kingdom
Introduction
Exchange of data is essential to the criminal and security cooperation between Member States. Due
to the high volume of cross-border movements of goods, services and persons as well as the free
flow of data and capital, those data that are necessary to prevent or prosecute crimes are often to be
found in another Member State. Therefore, intelligence services and law enforcement heavily rely
on data exchange among the Member States for investigations, threat analysis and the protection of
security. This cooperation is also a basis for the mutual trust between the Member States. For
example, by exchanging information on passengers, the free movement of persons cannot be
disputed by Member States as endangering homeland security. The data provided should enable the
receiving state to assess the threat of persons entering their state and if necessary, monitor these
persons or prevent them from entering.
Corresponding author:
Catherine Van de Heyning, Department of Faculty of Law, University of Antwerp, Venusstraat 23, Antwerpen 2000,
Belgium.
Email: catherine.vandeheyning@uantwerpen.be
To continue reading
Request your trial