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Canada

The European Community concluded a PNR Agreement with Canada in 2006.

Main features

Conditions for transferring data

  • PNR data should only be used in the fight against transnational terrorism and serious crime, including organised crime.
  • PNR data should be kept for a maximum period of three and a half years and should progressively be depersonalised.
  • Canada should only be able to access PNR data on the basis of transfers of such data by carriers ("push" system).
  • Strong protection of personal data and the right of individuals to seek access to and correction of their personal data.
  • Sensitive data (such as personal data that may indicate racial or ethnic origin, political opinions, religious beliefs or trade union membership or concern health or sex life) shall be filtered out and deleted by Canada even though PNR normally does not contain any.

Implementation

The arrangement with Canada consists of three instruments:

Review

The EU-Canada Agreement foresaw a joint review, which was carried out in November 2008. The review showed that the CBSA implemented a vast majority of the operational commitments, while upholding a high level of data protection standards. The CBSA interpreted its commitments in a very strict manner and sometimes even went beyond what was required of it. It is important to note that Canada transposed its commitments into domestic regulations.

Renegotiation

Since the "Adequacy Decision" has expired, a new EU-Canada long-term PNR Agreement is currently being renegotiated. In September 2010, the Council received a recommendation from the Commission to authorise the opening of negotiations. Following a European Parliament resolution, the Council authorised the Commission to open negotiations on behalf of the EU in December 2010.

A draft agreement is pending with the Council for its signing, after which it will be sent to the European Parliament for the latter's consent. The Council can conclude the agreement on behalf of the EU if the European Parliament approves it, after which it enters into force. Before that happens the 2006 agreement remains applicable.

Additional tools




Glossary

Push method

Method of transmission of data whereby, for example, PNR data are transmitted by the carrier to the national ...

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Passenger Name Record (PNR)

"A record of each passenger’s travel requirements that contains information necessary to enable reservations to ...
functionalities."

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Organised crime

Activities of large-scale criminal and terrorist networks, including terrorism, international drugs trafficking, trafficking ...

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Migration

The movement of a person or a group of persons, either across an international border (international migration),...

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Immigration

The action by which a person establishes his or her usual residence in the territory of an EU State for a period ...

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Border

A line separating land territory or maritime zones of two States or subparts of States. It can also refer to a region ...

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Air carrier

In relation to conveyance, the owner or charterer of the conveyance. A carrier usually refers to an airline, bus or rail ...

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Adequacy decision

A decision adopted by the European Commission on the basis of Directive 95/46/EC, which establishes that a ...

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