{"title":"除了数据保护问题,还有欧洲乘客姓名记录系统","authors":"Henrik Palmer Olsen, Cornelius Wiesener","doi":"10.1080/17579961.2021.1977221","DOIUrl":null,"url":null,"abstract":"In this article, we examine the European framework of collecting and analysing flight passenger name record (PNR) data for the purpose of combating terrorism and serious crime. The focus is mainly on the EU PNR Directive of 2016, but we also consider the specific legislative framework in Germany and Denmark. In light of the recent review of the Directive, the article aims at exploring the policy-related, legal and technological challenges. In doing so, it goes beyond established data protection concerns. In particular, we debunk the popular claim that PNR analysis in and of itself entails the risk of discrimination of certain groups – a claim commonly levelled against algorithmic analysis. We also provide useful insights into the specific legal safeguards vis-à-vis automated profiling and decision-making through human review. ARTICLE HISTORY Received 7 July 2020; Accepted 14 February 2021","PeriodicalId":37639,"journal":{"name":"Law, Innovation and Technology","volume":"1 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2021-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Beyond data protection concerns – the European passenger name record system\",\"authors\":\"Henrik Palmer Olsen, Cornelius Wiesener\",\"doi\":\"10.1080/17579961.2021.1977221\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"In this article, we examine the European framework of collecting and analysing flight passenger name record (PNR) data for the purpose of combating terrorism and serious crime. The focus is mainly on the EU PNR Directive of 2016, but we also consider the specific legislative framework in Germany and Denmark. In light of the recent review of the Directive, the article aims at exploring the policy-related, legal and technological challenges. In doing so, it goes beyond established data protection concerns. In particular, we debunk the popular claim that PNR analysis in and of itself entails the risk of discrimination of certain groups – a claim commonly levelled against algorithmic analysis. We also provide useful insights into the specific legal safeguards vis-à-vis automated profiling and decision-making through human review. ARTICLE HISTORY Received 7 July 2020; Accepted 14 February 2021\",\"PeriodicalId\":37639,\"journal\":{\"name\":\"Law, Innovation and Technology\",\"volume\":\"1 1\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-09-14\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Law, Innovation and Technology\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/17579961.2021.1977221\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law, Innovation and Technology","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/17579961.2021.1977221","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"Social Sciences","Score":null,"Total":0}
Beyond data protection concerns – the European passenger name record system
In this article, we examine the European framework of collecting and analysing flight passenger name record (PNR) data for the purpose of combating terrorism and serious crime. The focus is mainly on the EU PNR Directive of 2016, but we also consider the specific legislative framework in Germany and Denmark. In light of the recent review of the Directive, the article aims at exploring the policy-related, legal and technological challenges. In doing so, it goes beyond established data protection concerns. In particular, we debunk the popular claim that PNR analysis in and of itself entails the risk of discrimination of certain groups – a claim commonly levelled against algorithmic analysis. We also provide useful insights into the specific legal safeguards vis-à-vis automated profiling and decision-making through human review. ARTICLE HISTORY Received 7 July 2020; Accepted 14 February 2021
期刊介绍:
Stem cell research, cloning, GMOs ... How do regulations affect such emerging technologies? What impact do new technologies have on law? And can we rely on technology itself as a regulatory tool? The meeting of law and technology is rapidly becoming an increasingly significant (and controversial) topic. Law, Innovation and Technology is, however, the only journal to engage fully with it, setting an innovative and distinctive agenda for lawyers, ethicists and policy makers. Spanning ICTs, biotechnologies, nanotechnologies, neurotechnologies, robotics and AI, it offers a unique forum for the highest level of reflection on this essential area.