From Theory To Practice: Exercising The Right Of Access Under The Law Enforcement And PNR Directives

Abstract

The right of access is often considered as the most important prerogative in the data subject’s toolkit because it grants individuals the possibility to complement the information made available through privacy notices, but also because it paves the way for the exercise of other rights enshrined in data protection law, such as the rights to erasure or rectification. While the efficiency of the right of access under the General Data Protection Regulation has already been abundantly documented, there is a lack of empirical evidence as to its counterparts in the area of law enforcement and security. This contribution aims to fill that gap and provide insight into the practical exercise of the right of access in the Law Enforcement and Passenger Name Record Directives. Through both traditional desktop research and a legal-empirical study, the present paper delves into the national transpositions of those texts in a selection of Member States, and highlights the issues encountered when practically exercising the right of access against competent authorities and Passenger Information Units. It also draws upon the lessons learned from that exercise and suggests solutions and ways forward in order to overcome the obstacles faced along the way.