Criminal Law Cooperation After Brexit and the Paradox of Passenger Name Records: More Comprehensive Cooperation with Less Data Protection?

Abstract

After Brexit, a certain paradox can be observed in the cooperation between the EU and the UK on passenger name record (PNR) data. While Brexit leads by definition to fewer possibilities for criminal law cooperation between the EU and the UK and to a narrower level of cooperation achieved so far, it seems to have led to an increase in the possibilities for processing PNR data of EU citizens and to lower standards of personal data protection. The question arises as to whether this is compatible with the EU Charter and with the case law of the CJEU.