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Document 62020CN0215
Case C-215/20: Request for a preliminary ruling from the Verwaltungsgericht Wiesbaden (Germany) lodged on 19 May 2020 — JV v Bundesrepublik Deutschland
Case C-215/20: Request for a preliminary ruling from the Verwaltungsgericht Wiesbaden (Germany) lodged on 19 May 2020 — JV v Bundesrepublik Deutschland
Case C-215/20: Request for a preliminary ruling from the Verwaltungsgericht Wiesbaden (Germany) lodged on 19 May 2020 — JV v Bundesrepublik Deutschland
OJ C 279, 24.8.2020, p. 27–29
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
24.8.2020 |
EN |
Official Journal of the European Union |
C 279/27 |
Request for a preliminary ruling from the Verwaltungsgericht Wiesbaden (Germany) lodged on 19 May 2020 — JV v Bundesrepublik Deutschland
(Case C-215/20)
(2020/C 279/39)
Language of the case: German
Referring court
Verwaltungsgericht Wiesbaden
Parties to the main proceedings
Applicant: JV
Defendant: Bundesrepublik Deutschland
Questions referred
1. |
In the light of its objective and the need for clarity and proportionality, is Directive (EU) 2016/681 (1) of the European Parliament and of the Council of 27 April 2016 on the [use of passenger name record (PNR) data for the] prevention, detection, investigation and prosecution of terrorist offences and serious crime (‘the PNR Directive’), under which air carriers transfer comprehensive data on every single passenger to the passenger information units (PIUs) established by the Member States, where the data are used without justification for automated comparison against databases and profiles, after which they are retained for a period of five years[,] compatible with the Charter of Fundamental Rights of the European Union, especially Articles 7, 8 and 52 thereof? |
2. |
In particular:
|
3. |
Inasmuch as it allows PNR data to be transferred to third countries which do not have an appropriate level of data protection, is Article 11 of the PNR Directive compatible with Articles 7 and 8 of the Charter of Fundamental Rights of the European Union? |
4. |
As the ‘free text’ box for ‘general remarks’ (point (12) of Annex I to the PNR Directive) can be used to transfer information such as choice of meal, from which particular categories of personal data can be inferred, does the fourth sentence of Article 6(4) of the PNR Directive afford adequate protection against the processing of those particular categories of personal data within the meaning of Article 9 of Regulation (EU) 2016/679 (2) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC and Article 10 of Directive (EU) 2016/680 (3) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA? |
5. |
Is the fact that air carriers simply refer passengers on their website to the national transposing legislation (in this case, the Gesetz über die Verarbeitung von Fluggastdaten zur Umsetzung der Richtlinie (EU) 2016/681 (Law on the Processing of Passenger Name Record (PNR) Data for the purpose of transposing Directive (EU) 2016/681) of 6 June 2017 (BGBl (Federal Law Gazette) I, p. 1484) compatible with Article 13 of the General Data Protection Regulation? |
(1) Directive (EU) 2016/681 of the European Parliament and of the Council of 27 April 2016 on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime (OJ 2016 L 119, p. 132).
(2) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ 2016 L 119, p. 1).
(3) Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ 2016 L 119, p. 89).