Following the 9/11 attacks, countries around the world increased their focus on aviation security. Although the EU had already implemented high-standard data protection regulations in 1995 to safeguard passengers’ rights, the extensive collection of Passenger Name Record (PNR) data for aviation security purposes raised concerns about privacy violations and discrimination, exacerbating the conflict between security measures and privacy protection. This paper uses a historical analysis to explore how the EU addressed the challenge of balancing aviation security and passenger rights. It shows that bilateral agreements on the protection of PNR data were insufficient, and that a dual-track legislative approach eventually emerged as the most effective solution. Furthermore, by applying the principle of proportionality, the paper assesses the effectiveness of the EU PNR Directive. It examines whether the EU PNR Directive’s objectives are clear, whether the data categories are welldefined, and whether the retention period is reasonable. This evaluation seeks to determine if the EU PNR Directive strikes an appropriate balance between respecting human rights and fundamental freedoms while ensuring aviation security. Finally, through a comparative analysis, the paper argues that despite the differing legal and social contexts between China and the EU, the EU PNR Directive provides a functional and adaptable framework for China to balance aviation security with privacy concerns, in compliance with international standards.
Air and Space Law