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The Future of the EU-UK Passenger Name Records (PNR) Law Post-Brexit: On Legality, Accountability and Enforcement


Passenger Name Records (PNR) constitutes one of the thorniest areas of EU international data transfer mechanisms.

The EU has a broad array of agreements with many third countries, including more recently the UK, to be found within the EU-UK Trade and Cooperation Agreement (TCA) The CJEU in repeated decisions has set out incedingly complex thresholds for PNR transfer to satisfy.

The EU’s own PNR directive is the subject of many recent challenges and opinions before the CEJU.

An increasing number of adequacy decisions operate with fragility in parallel with these arrangements, an area where the CJEU and EU actors indicate significant challenges ahead for the UK in particular, as an area where the UK was a key driver of reforms of PNR law.

The seminar examines what oversight exists as to compliance with the PNR provisions of the TCA.

The seminar considers the characterisation of the PNR provisions in the TCA as criminal justice coordination or their links to the scope of border control. How are the provisions affected by the Commission's adequacy decision?

It considers whether the PNR provisions of the TCA in fact comply with the CJEU judgment in EU Canada PNR Opinion 1/15?



  • Elaine Fahey, City Law School, City, University of London (Institutions and oversight in the UK-EU PNR title)
  • Prof. Elspeth Guild, Queen Mary University of London (PNR, Criminal Justice or Border Control? Implications of the Commission’s Data Adequacy Decision)
  • Dr. Elif Mendos Kuskonmaz, Portsmouth Law School (Unlocking Data Adequacy for the UK-EU PNR: Lessons from Opinion 1/15)



24 Jan 2022 Online