chapter 4: summary of conclusions and recommendations
66. We are persuaded that PNR data, when used in conjunction with data from other sources, can significantly assist in the identification of terrorists, whether before a planned attack or after such an attack. (paragraph 49)
67. PNR data should be used for law enforcement purposes only in the fight against terrorism and in combating other serious crime. There can be no justification for agreeing legislation which does not set out clearly the purposes for which and the conditions under which the data may be used. (paragraph 51)
68. Blanket expressions such as "organised crime" or "serious crime" are inadequate. The offences for which PNR data can be used must be defined as clearly as is possible given the differing legal systems involved. If a definition of "serious crime" is possible for the European Arrest Warrant, appropriate definitions can be found for the Framework Decision. (paragraph 52)
69. The Government should be aware that, by attempting to extend the purposes beyond what is acceptable to other Member States and to the European Parliament, they may be forced to opt out of the Framework Decision. They may then find that, on balance, the ability to use PNR data to assist in the combating of more routine crime, including immigration, revenue and customs offences, is insufficient compensation for an inability to use data collected by other Member States. We hope that the Government will take account of our views in balancing the advantages and disadvantages of participation. (paragraph 53)
70. We believe that adequate and effective rules on data protection should be contained in the PNR Framework Decision itself, and we urge the Government to support this view in the course of the negotiations. (paragraph 29)
71. Although we have not received any conclusive evidence on the topic, it seems to us that PNR data could not effectively be collected for rail transport, and that in the case of road transport the data do not exist. (paragraph 59)
72. If and when negotiations are successfully concluded on a PNR Framework Decision applicable to air travel, work should then begin on extending it to sea travel. (paragraph 63)
73. We make this report to the House for information. (paragraph 14)
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