EU citizens as well as their personal data need protecting

Date of article: 28/01/2015

Daily News of: 28/01/2015

Country:  EUROPE

Author: European Union Agency for Fundamental Rights

Article language: en

Heightened tension in many Member States following recent attacks in Paris have once again thrown the issue of preserving personal data versus internal security under the spotlight.

The protection of personal data is a fundamental right that Member States must abide by. But they also have a duty to protect the lives of their citizens,” said FRA Director Morten Kjaerum, on European Data Protection Day. “As recent events have shown it is time to safeguard Europe’s democratic principles and fundamental rights, and at the same time maintain public security. The EU and its Member States need to work together to create an inclusive internal security strategy to better protect everyone in Europe and their right to privacy.”

The debate on Europe’s internal security strategy has been reignited following the recent spate of attacks. Some discussions have focused on the need for a European passenger name record (PNR) system. However, there are inherent risks to any PNR system as FRA opinions  have pointed out, particularly related to the issues of proportionality and necessity. As the Agency’s practical guidance to EU Member States on setting up national PNR systems states, clear and strict limitations on purpose, enhanced personal data safeguards or increased transparency of the system towards passengers should be among the minimum requirements.

There have also been further discussions on reforming and strengthening EU data protection rules. They were already under scrutiny in light of the Snowden revelations of mass electronic surveillance programmes. These revelations have already undermined EU citizens' trust in the protection of their right to privacy as well as other rights. They pointed to clear weaknesses in democratic accountability and oversight, which is why the European Parliament requested FRA to look into this area, as part of FRA’s wider work in the area of the information society, privacy and data protection.

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