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The Threat by Islamic State and similar groups to the European Union Member States’ Security: Why the EU Needs to Introduce a Directive on the use of Passenger Name Record data in Counter-Terrorism Investigations

Lowe, D The Threat by Islamic State and similar groups to the European Union Member States’ Security: Why the EU Needs to Introduce a Directive on the use of Passenger Name Record data in Counter-Terrorism Investigations. International Relations and Diplomacy. ISSN 2328-2134 (Accepted)

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Abstract

This article proposes that the European Union (EU) should consider re-introducing the Passenger Name Record Directive from 2011. The Directive did not get through the legislative process due to concerns over how it would cultivate a surveillance society and fail to adequately protect data protection along with an individual’s privacy. In relation to terrorist activity, events have moved on since 2011 posing an increased threat to the national security of EU Member States, in particular the rise of the terrorist group Islamic State. By examining the current terrorist threat the EU faces, this paper argues that a different version of the 2011 directive on Passenger Name Records should be introduced in a form that does not compromise the EU’s commitment to data protection and rights to privacy of EU citizens. Following the terrorist attacks in Paris in January 2015, European Parliament MEP’s have already heard proposals for an amended draft of the Passenger Name Records Directive be introduced. The proposal in this article challenges the content of that draft by recommending that a new Directive applies solely to terrorism investigations allowing only a very short, limited period of retention of the data by national security and a counter-terrorism policing agencies. To prevent data mining, it is recommended that the information contained in passenger name records is checked only against terrorist suspects already on intelligence systems.

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: School of Law
Publisher: David Publishing Company
Date Deposited: 06 May 2015 13:08
Last Modified: 27 Apr 2017 11:04
DOI or Identification number: 10.17265/2328-2134/
URI: http://researchonline.ljmu.ac.uk/id/eprint/995

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