A Directive altered beyond recognition
On 21 June 2022, the Court of Justice of the European Union rendered its decision in the preliminary ruling procedure on the fate of the PNR Directive. The Court had a chance to decisively answer one of the most crucial questions facing European security law: Is indiscriminate mass data retention for and the technology-induced analysis of ordinary human behavior compatible with fundamental rights? It instead opted for an enigmatic compromise creating a whole host of new questions. It does not change the fact that the PNR Directive survives – as a strange beast altered beyond recognition.
