On 4 December 2015 the Council accepted the compromise textual content agreed with the European Parliament on the proposal for a directive on the usage of passenger title document (PNR) information for the prevention, detection, investigation and prosecution of terrorist offences and severe crime.
“The compromise agreed today will enable the EU to set up an effective PNR system which fully respects fundamental rights and freedoms”, stated Etienne Schneider, Luxembourg Deputy Prime Minister, Minister of Internal Security and President of the Council.
The directive goals to manage the switch from the airways to the member states of PNR information of passengers of worldwide flights, in addition to the processing of this information by the competent authorities. The directive establishes that PNR information collected could solely be processed for the prevention, detection, investigation and prosecution of terrorist offences and severe crime.
Under the brand new directive, air carriers might be obliged to offer member states’ authorities with the PNR information for flights coming into or departing from the EU. It will even enable, however not oblige, member states to gather PNR information regarding chosen intra-EU flights. Each member state might be required to arrange a so-called Passenger Information Unit, which can obtain the PNR information from the air carriers.
The new guidelines create an EU commonplace for the usage of such information and embrace provisions on:
the needs for which PNR information could be processed within the context of regulation enforcement (pre-arrival evaluation of passengers towards pre-determined threat standards or so as to establish particular individuals; the use in particular investigations/prosecutions; enter within the growth of threat evaluation standards);
the change of such information between the member states and between member states and third international locations;
storage (information will initially be saved for six months, after which they are going to be masked out and saved for one more interval of 4 years and a half, with a strict process to entry the total information);
widespread protocols and information codecs for transferring the PNR information from the air carriers to the Passenger Information Units; and
robust safeguards as regards safety of privateness and private information, together with the function of nationwide supervisory authorities and the necessary appointment of a knowledge safety officer in every Passenger Information Unit.
PNR information are already as we speak saved within the carriers’ reservation methods. They concern the data offered by passengers to carriers when reserving a flight and when checking in on flights. PNR information consists of the title, journey dates, journey itinerary, ticket data, contact particulars, journey agent at which the flight was booked, technique of cost used, seat quantity and baggage data.
The use of those information by member states’ regulation enforcement our bodies in particular circumstances is nothing new: Various member states already use PNR information for regulation enforcement functions, both on the idea of particular laws or on the idea of normal authorized powers. The assortment and use of PNR information has been important in combating sure cross-border crimes, similar to drug trafficking in human beings or kids trafficking. However, there’s as but no widespread method throughout the EU.
The UK and Ireland have opted in to this directive. Denmark will not be taking part.
The Parliament’s Civil Liberties, Justice and Home Affairs Committee is predicted to vote quickly.
The directive might be then submitted, following legal-linguistic revision, to the European Parliament for a vote at first studying, and to the Council for adoption.
Once adopted, member states could have two years to deliver into pressure the legal guidelines, laws and administrative provisions essential to adjust to this directive.
Joaquín Nogueroles Garcia