Protezione dei dati personali e diritti fondamentali della persona: le nuove norme sui "codici di prenotazione" (PNR)

In the present paper, the Author deals with the problematic interaction between, on the one hand, the fundamental right to personal data protection and, on the other hand, the needs of national security, focusing in particular on the directive 2016/681/UE on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime. The first part of the paper analyses the International legal framework on PNRs and provides an overview of the agreements concluded by the European Union and third countries (United States of America, Canada and Australia) on the transfer of such data between the two parties. The second part of the paper offers a critical analysis of some specific aspects of the directive 2016/681/UE with the purpose of verifying whether they are fully compliant with the fundamental rights expressly set forth in Article 8 of the European Convention of Human Rights and Articles 7 and 8 of the EU Charter of Fundamental Rights, as interpreted by the two Courts