Aviation Security Explained

Data tables

International PNR data-sharing agreements: dates, retention and status

The EU has PNR agreements in force with the United States and Australia, both since 2012, and covers the UK through the 2020 Trade and Cooperation Agreement 1. The US deal lets DHS keep data for up to five years in an active database and ten more in a dormant one 2. In Opinion 1/15 of 26 July 2017 the EU Court of Justice blocked a 2014 deal with Canada 4. A new Canada agreement was signed on 4 October 2024 1.

Last checked: 8 sources

Why the EU signs PNR agreements

A Passenger Name Record (PNR) is the booking data an airline holds on a passenger. Many countries require airlines to send it before a flight arrives. The European Commission says transferring PNR data to non-EU countries interferes with the protection of personal data. Such a transfer needs a legal basis under EU law and must be necessary, proportionate and subject to strict limits and safeguards. The Commission set out its approach to such transfers in a 2003 Communication and reviewed it in 2010 1.

This page covers agreements between the EU and other countries. Rules on which countries collect PNR, and which agency receives it, are in our API and PNR by country table.

Agreement table

Status as listed by the European Commission, checked 19 October 2026. Other sources are cited where used.

AgreementSignedStatusRetention and key terms
EU and United StatesDecember 2011 1In force since July 2012. Joint review in 2015, joint evaluation in 2019 1Active database for up to 5 years, with data depersonalised and masked after the first 6 months. Then a dormant database for up to 10 years, then full anonymisation. Runs for 7 years and renews for further 7-year periods. A party can stop a renewal by giving at least 12 months' written notice 2
EU and Australia29 September 2011 in Brussels 3In force since June 2012. Joint reviews in 2013 and 2019 1No longer than five and a half years from first receipt. Identifying data masked after 3 years. Runs for 7 years and renews for further 7-year periods 3
EU and United Kingdom (Trade and Cooperation Agreement)December 2020 1In force since May 2021 1Article 552(4): the UK must delete the PNR data of certain passengers after they leave the UK. It may keep the data only if a risk assessment based on objective evidence shows a need. A temporary derogation ended on 31 December 2023 7
EU and Canada (2014 text)2014 4Not concluded. The Court of Justice ruled in Opinion 1/15 of 26 July 2017 that it could not be concluded in its current form 4Five-year storage period in the draft 4
EU and Canada (new agreement)4 October 2024 1European Parliament consent 12 March 2025. Council concluded it on 14 April 2025. Canada still had to ratify at that date 6. Listed by the Commission as under ratification 1Maximum retention of 5 years, combined with deletion after the passenger's departure. Data may be kept only if a risk assessment finds an objective link. Canada must review its assessment every two years 5
EU and Norway, EU and Iceland14 October 2025 1Under ratification. Negotiations concluded 8 April 2025 1Not published on the Commission page 1
EU and SwitzerlandNot yet signed 1Negotiations concluded 7 October 2025. Commission proposals for Council decisions adopted 12 November 2025 1Not published on the Commission page 1
EU and JapanNot signed 1Negotiations authorised by the Council in February 2020. Ongoing 1Not available 1
EU and MexicoNot signed 1Negotiations authorised by the Council in June 2015. Ongoing 1Not available 1

Opinion 1/15: the court case that reset the rules

The EU and Canada signed a PNR agreement in 2014. The European Parliament asked the Court of Justice whether it was compatible with EU law. The court said it was the first time it had ruled on whether a draft international agreement fitted the EU Charter of Fundamental Rights 4.

On 26 July 2017 the court found that the systematic transfer, retention and use of all passengers' data was permissible in essence, but that several provisions breached fundamental rights. Transfers of sensitive data, such as data revealing racial or ethnic origin, religion or health, lacked any justification. Keeping the data of all passengers after they left Canada went beyond what was strictly necessary. The court said data could be kept beyond departure, even for five years, only for passengers where objective evidence suggested a continuing risk 4.

The court said the agreement should define the data more clearly, use specific, reliable and non-discriminatory criteria for automated processing, limit the databases checked, restrict onward transfers to countries with an equivalent EU agreement or adequacy decision, and give passengers a right to individual notification. Use of the data during a passenger's stay in Canada should, except in urgent cases, need prior review by a court or independent body 4.

The new EU and Canada agreement

Negotiations on a new text ended on 27 November 2023. The Council decided to sign on 13 June 2024, and the agreement was signed on 4 October 2024. The Commission says it addresses all the requirements in Opinion 1/15 1.

The Commission's proposal, summarised by the European Parliament, lists the main terms. Canada may not process sensitive data and must delete any it receives. Independent public authorities oversee compliance. Passengers are notified of the use of their data and may access and correct their own records. Automated processing must rely on non-discriminatory and reliable criteria. Any use for purposes other than security and border checks needs prior review by a court or independent authority. Onward transfers outside Canada are limited to countries with a comparable EU agreement or an adequacy decision 5.

Parliament consented on 12 March 2025 and the Council concluded the agreement on 14 April 2025. eucrim reported that Canada still needed to ratify it before it became binding on both sides 6. Canada's own rules for PNR it collects say the CBSA keeps API and PNR data for three and a half years from receipt, or up to six years if the person is under active investigation 8.

The EU and UK under the TCA

Since Brexit, the UK's use of PNR on flights between the EU and the UK falls under the Trade and Cooperation Agreement, signed in December 2020 and in force since May 2021 1. A UK Home Office memorandum of 6 December 2022 says the TCA requires deletion of certain passengers' data after they leave the UK. The data may be kept only where a risk assessment based on objective evidence shows the need (Article 552(4)) 7.

The UK needed time to change systems built for the EU PNR Directive. The TCA allowed a temporary derogation. The Partnership Council extended it on 21 December 2021 to 31 December 2022, then for a second and final year. The memorandum says the derogation would end on 31 December 2023 and that the UK had to finish the technical changes by then 7.

How these compare with EU rules at home

Inside the EU, the PNR Directive requires data to be depersonalised after 6 months and deleted after 5 years. Each Passenger Information Unit must have a data protection officer, and independent national authorities oversee the processing 1. On 21 June 2022 the Court of Justice confirmed the directive was valid in the Ligue des droits humaines case, on condition that some provisions are read strictly in line with fundamental rights 1.

The US agreement allows longer storage than the directive, with up to 15 years across the active and dormant databases. It states that the need for the 10-year dormant period would be considered in the joint evaluation 2. The Australia agreement sets a shorter total of five and a half years 3.

Limits of this table

We list only agreements and dates we could confirm in sources we opened. Earlier EU agreements, including the first EU and US arrangements of the 2000s and an earlier deal with Canada, are not covered here. We could not read the full PNR title of the TCA, so this page does not state the maximum UK retention period. Retention terms for the Norway, Iceland and Switzerland agreements were not published on the Commission page we checked 1.

Common questions

How long can the US keep EU passengers' PNR data?

Up to five years in an active database, masked after six months, then up to ten years in a dormant database, after which it must be fully anonymised 2.

What did Opinion 1/15 decide?

On 26 July 2017 the EU Court of Justice ruled that the 2014 EU and Canada PNR agreement could not be concluded in its current form, as several provisions breached fundamental rights 4.

Is the new EU and Canada PNR agreement in force?

It was signed on 4 October 2024 and concluded by the EU on 14 April 2025 1,6. The Commission still lists it as under ratification 1.

Does the UK still get EU passengers' PNR data after Brexit?

Yes, for flights between the EU and the UK, under the Trade and Cooperation Agreement in force since May 2021 1.

Is the EU negotiating other PNR agreements?

Yes. Talks with Japan were authorised in February 2020 and with Mexico in June 2015. Agreements with Norway and Iceland were signed on 14 October 2025 1.

Related

Sources

  1. European Commission, DG Migration and Home Affairs: Travel information (PNR and API) (checked 19 October 2026)
  2. EUR-Lex: Agreement between the US and the EU on the use and transfer of passenger name records to the US Department of Homeland Security (OJ L 215, 11 August 2012)
  3. EUR-Lex: Agreement between the EU and Australia on the processing and transfer of PNR data by air carriers to the Australian Customs and Border Protection Service (OJ L 186, 14 July 2012)
  4. Court of Justice of the EU: Press release No 84/17, Opinion 1/15 (26 July 2017)
  5. European Parliament Legislative Observatory: Summary of COM proposal, EU/Canada Agreement on PNR data, 2024/0051(NLE) (4 March 2024)
  6. eucrim: Council concluded EU-Canada PNR Agreement (23 April 2025)
  7. UK Home Office: Explanatory memorandum on COM(2022) 646, extension of the TCA interim period for PNR data (6 December 2022), copy hosted by Statewatch
  8. Canada Border Services Agency: Advance Passenger Information and Passenger Name Record (checked 19 October 2026)

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