On four December 2015 the Council permitted the compromise text agreed with the European Parliament on the proposal for a directive on the use of passenger identify report (PNR) knowledge for the prevention, detection, investigation and prosecution of terrorist offences and major crime.
“The compromise agreed today will help the EU to established up an successful PNR procedure which absolutely respects basic rights and freedoms”, said Etienne Schneider, Luxembourg Deputy Key Minister, Minister of Internal Stability and President of the Council.
The directive aims to regulate the transfer from the airways to the member states of PNR knowledge of travellers of international flights, as well as the processing of this knowledge by the capable authorities. The directive establishes that PNR knowledge gathered may well only be processed for the prevention, detection, investigation and prosecution of terrorist offences and major crime.
Below the new directive, air carriers will be obliged to present member states’ authorities with the PNR knowledge for flights getting into or departing from the EU. It will also enable, but not oblige, member states to gather PNR knowledge about chosen intra-EU flights. Just about every member state will be necessary to established up a so-known as Passenger Details Device, which will acquire the PNR knowledge from the air carriers.
The new rules make an EU common for the use of this sort of knowledge and include provisions on:
the uses for which PNR knowledge can be processed in the context of legislation enforcement (pre-arrival assessment of travellers from pre-decided risk requirements or in buy to recognize unique individuals the use in unique investigations/prosecutions enter in the advancement of risk assessment requirements)
the exchange of this sort of knowledge concerning the member states and concerning member states and 3rd international locations
storage (knowledge will in the beginning be stored for 6 months, right after which they will be masked out and stored for yet another period of four many years and a fifty percent, with a rigid procedure to entry the comprehensive knowledge)
typical protocols and knowledge formats for transferring the PNR knowledge from the air carriers to the Passenger Details Units and
sturdy safeguards as regards security of privacy and particular knowledge, which includes the job of national supervisory authorities and the required appointment of a knowledge security officer in each and every Passenger Details Device.
PNR knowledge are by now today stored in the carriers’ reservation systems. They worry the info offered by travellers to carriers when reserving a flight and when examining in on flights. PNR knowledge includes the identify, vacation dates, vacation itinerary, ticket info, get hold of details, vacation agent at which the flight was booked, usually means of payment made use of, seat range and baggage info.
The use of these knowledge by member states’ legislation enforcement bodies in unique instances is almost nothing new: Several member states by now use PNR knowledge for legislation enforcement uses, both on the foundation of unique laws or on the foundation of common authorized powers. The collection and use of PNR knowledge has been important in fighting specified cross-border crimes, this sort of as drug trafficking in human beings or youngsters trafficking. Even so, there is as however no typical strategy throughout the EU.
The United kingdom and Ireland have opted in to this directive. Denmark is not participating.
The Parliament’s Civil Liberties, Justice and Dwelling Affairs Committee is anticipated to vote quickly.
The directive will be then submitted, subsequent authorized-linguistic revision, to the European Parliament for a vote at very first looking through, and to the Council for adoption.
The moment adopted, member states will have two many years to provide into power the legislation, restrictions and administrative provisions vital to comply with this directive.
Joaquín Nogueroles Garcia