International Agreements, Data Protection, and EU Fundamental Rights on the International Stage: Opinion 1/15 (EU-Canada PNR) of the Court of Justice of the EU

24 Pages Posted: 10 Aug 2018 Last revised: 10 Sep 2018

Christopher Kuner

Vrije Universiteit Brussel (VUB) - Law, Science, Technology & Society Research Group; Maastricht University - Faculty of Law; University of Copenhagen - Faculty of Law; Centre for European Legal Studies

Date Written: 2018

Abstract

In Opinion 1/15, the Grand Chamber of the Court of Justice of the European Union applied the fundamental right of data protection to a pending international agreement of the EU. In its first ruling on the compatibility of an international agreement with the EU Charter of Fundamental Rights, the Court found that a draft agreement between the EU and Canada for the transfer of airline passenger name record data could not be concluded in its current form, since it was adopted under the wrong legal basis and several of its provisions were incompatible with fundamental rights. This annotation deals with a number of important issues that the Opinion raises, in particular the legal basis for international agreements on data sharing; its implications for the fundamental rights to data protection and privacy; the role that international law played in the Opinion; the use of international agreements and adequacy decisions for data transfers; how the Court dealt with issues of foreign law; and the impact the Opinion may have on the EU’s conclusion of international agreements in the future.

Keywords: Data Protection, EU Court of Justice, PNR, Canada, EU Law

Suggested Citation

Kuner, Christopher, International Agreements, Data Protection, and EU Fundamental Rights on the International Stage: Opinion 1/15 (EU-Canada PNR) of the Court of Justice of the EU (2018). Common Market Law Review, Vol. 55, No. 3, 2018; University of Cambridge Faculty of Law Research Paper No. 57/2018. Available at SSRN: https://ssrn.com/abstract=3220284

Christopher Kuner (Contact Author)

Vrije Universiteit Brussel (VUB) - Law, Science, Technology & Society Research Group ( email )

Pleinlaan 2
Brussels, 1050
Belgium

Maastricht University - Faculty of Law ( email )

P.O. Box 616
Maastricht, 6200
Netherlands

University of Copenhagen - Faculty of Law ( email )

Studiestraede 6
Studiestrade 6
Copenhagen, DK-1455
Denmark

Centre for European Legal Studies ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

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