Question for written answer E-000575/2021 to the Commission Rule 138 Gwendoline Delbos-Corfield (Verts/ALE), (Verts/ALE), (Verts/ALE), (Verts/ALE), (Verts/ALE), (Verts/ALE), Damien Carême (Verts/ALE), (Verts/ALE)

Subject: The EU-UK Trade and Cooperation Agreement and the right to privacy (2)

Title III of Part III of the EU-UK Trade and Cooperation Agreement (the Agreement) on Law Enforcement and Judicial Cooperation in Criminal Matters allows the UK to continue transferring and processing passenger name record (PNR) data.

1. How can the UK continue to participate in such data sharing programmes when Court of Justice of the opinion C-1/151 struck down the EU-Canada PNR Agreement, and how does this agreement with the UK fulfil the conditions set out by the Court, particularly in the context of upholding ‘high levels of data protection standards’, considering existing UK laws on data protection and mass surveillance?

2. How will it be ensured that the targeting of natural persons outlined in Article LAW.PNR.27(1a) of the Agreement does not result in disproportionate profiling, leading to discrimination against travellers in the UK? Can the Commission provide a closed list of databases against which PNR data will be cross‑referenced as an annex to the Agreement, and if not, when will such a list be available?

3. How will the Commission ensure that EU data protection authorities and Parliament’s Committee on Civil Liberties, Justice and Home Affairs are involved in this assessment and continued monitoring of UK privacy and data protection standards?

1 http://curia.europa.eu/juris/document/document.jsf?text=&docid=193216&doclang=EN

PE685.821v01-00