| Abstract [eng] |
Master thesis researches and examines the legality and effectiveness of PNR data transfer from EU to US in order to ensure aviation security and diminish potential terror threat after 9/11. Also it is being debated about privacy vs. security balance dilemma, which appeared because of privacy rights regulation disparity between EU and US. Accordingly this thesis is essential in present because neither this legal dilemma has been solved yet nor adequate protection to PNR data guaranteed. That is why it is crucial to research new methods how effectively ensure aviation security without violating privacy rights. PNR data is an object of this thesis; relevantly to that thesis examines the necessity of equilibrium between right to privacy and guaranteed security, evaluates the input of 3 PNR data Agreements for obtaining aviation security and reduces potential terror threats, and proposes how to change its open-ended provisions. Hypothesis of this thesis is that EU US legal dilemma for ensuring aviation security can hardly be solved only by collection and transfer of PNR data. This measure can be used as additional and supportive but in narrower scale. By using empirical phenomenological method and qualitative research I will reveal my critics and suggestions, based on gotten knowledge from wide ample of literature: 3 PNR data Agreements, EU and US legislation, International Conventions, statistical, interview sources from Lithuanian Civil Aviation Administration officers and etc. Diversity of opinions and literature leaves opportunity to make own conclusions and this way permits this thesis to be original and scientifically useful. By such research thesis reveals that PNR data Agreements were beneficial only to US which pose the risk to EU citizens’ privacy rights. Moreover, open-ended provisions of such Agreements allows to US act unilaterally and use collected PNR data uncontrollable. Making conclusions it is clear that by collecting PNR data aviation security is secured but not as effective as using other technical precautionary measures. Meaning that such unreasonable and disproportional way to fight terrorism mainly violates human right to privacy. The results of master thesis may intend to cause public awareness that collection of personal information in the airports and while booking the flight may leave consequences. Accordingly this research might serve travelers (mainly those who constantly travel to the US and do not know exactly about PNR data collection and interference into their privacy rights), EU law makers who should consider upcoming PNR data Agreements more attentitive and should not leave possibility to the US be a dominant Contracting party. Finally this thesis will be useful for such audience, who is interested in international law and precisely EU- US cooperation on privacy rights matters. Presumably it will leave a lasting value for future researches on counterterrorism measures within aviation security and privacy rights scope. Master thesis consists of 3 main parts: the first one reviews importance of aviation security as a mean to have freedom of movement, second one analyses privacy and security balance necessity within legitimate, reasonable and proportional dimension and last part examines and criticizes 3 PNR data Agreements, which were more negative to EU than positive in order to have safe transatlantic aviation. |
