CoE: Report on Passenger Name Records, data mining & data protection

Report (advanced draft) by Douwe Korff for the CoE "Passenger Name Records, data mining & data protection: the need for strong safeguards":

In other words, our overall conclusions are that: 

  • The compulsory suspicionless provision of PNR data in bulk does not serve a legitimate aim; 
  • There are no effective remedies against the outcomes of “dynamic”-algorithm-based datamining and profiling; 
  • “Dynamic”-algorithm-based datamining and profiling, in particular if aimed at rating people on a “risk scale” on an antiterrorist list, violates the most fundamental duty of the State and the EU to “respect human identity”;
and on top of that:
  •  - Trying to “identify” “possible” or “probable” terrorists by means of “dynamic”-algorithm-based datamining and profiling does not work.