bulk, i.e. unspecific, automated processing in the interests of national
security.
b. The reference to ‘objective evidence’ from which it could be deduced
that ‘the data of other persons’, might ‘in a specific case’ be of use is
also inadequate, and appears to refer back to what the Court said in
paragraph 111 (quoted above) with regard to the use of geographic
criteria, which could not practicably be applied in relation to
international terrorism.
56.
Derived from Parliament v Council, Mengozzi AG gives a clearly different
picture in his Opinion referred to in paragraph 36(i) above:
“205. . . . I do not believe that there are any real obstacles to
recognising that the interference constituted by the agreement
envisaged is capable of attaining the objective of public
security, in particular the objective of combating terrorism and
serious transnational crime, pursued by that agreement. As the
United Kingdom Government and the Commission, in
particular, have claimed, the transfer of PNR data for analysis
and retention provides the Canadian authorities with
additional opportunities to identify passengers, hitherto not
known and not suspected, who might have connections with
other persons and/or passengers involved in a terrorist network
or participating in serious transnational criminal activities. As
illustrated by the statistics communicated by the United
Kingdom Government and the Commission concerning the
Canadian authorities’ past practice, that data constitutes a
valuable tool for criminal investigations, (83) which is also of
such a kind as to favour, notably in the light of the police
cooperation established by the agreement envisaged, the
prevention and detection of a terrorist offence or a serious
transnational criminal act within the Union.
...
216. . . ., as the interested parties have explained, the actual
interest of PNR schemes, whether they are adopted unilaterally
or form the subject matter of an international agreement, is
specifically to guarantee the bulk transfer of data that will
allow the competent authorities to identify, with the assistance
Page 48