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International: Commission proposes new agreement between Canada and EU on transfer of PNR data
On March 4, 2024, the European Commission announced that it adopted and submitted to the Council of the European Union (the Council) a proposal for an agreement between Canada and the EU on the transfer and processing of Passenger Name European Record (PNR) data. The EU opened new negotiations with Canada on June 20, 2018, seeking to incorporate the safeguards required by the Court of Justice of the European Union (CJEU), and finalized the preliminary agreement on October 11, 2023.
The latest proposal submitted to the Council, includes, but is not limited to, the following newly negotiated elements:
- clarifying the purposes of the processing, including prior review in case of processing for other purposes;
- prohibiting the processing of sensitive data by Canada;
- including an oversight by independent public authorities of Canada's compliance;
- including notification of the individuals;
- providing individuals with data subject rights;
- limiting the automated processing to be based on only non-discriminatory and reliable criteria;
- establishing a maximum retention period; and
- requiring appropriate safeguards in case of onward transfers of PNR data to other government authorities.
You can read the proposal here.
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