Data protection in the European Union in times of terrorism: a case study on Passenger Name Record Agreements

Abstract

The thesis is aimed at exploring whether the personal data of European citizens are protected under the counter-terrorism measures of the European Union from a legal perspective. Does an appropriate balance exist between security and data protection? What is the approach of the European Union? Does the EU provide a normative framework that ensures a high level of data protection? This thesis will determine the advantages and weaknesses of adopting a security or a data protection approach. Furthermore, it will show how the European Union has undertaken a human rights approach although some incoherencies and issues still remain. To that end the study closely analyzes the European framework in the Area of Freedom, Security and Justice. Finally, a detailed analysis of the EU-US PNR agreement will be developed in order to underline the weaknesses of the European framework when it comes to undertaking particular measures which involve the exchange of information for law enforcement purposes.