On 4 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 file (PNR) info for the prevention, detection, investigation and prosecution of terrorist offences and critical criminal offense.

“The compromise agreed currently will permit the EU to established up an successful PNR method which absolutely respects fundamental rights and freedoms”, said Etienne Schneider, Luxembourg Deputy Prime Minister, Minister of Inside Safety and President of the Council.

The directive aims to regulate the transfer from the airlines to the member states of PNR knowledge of travellers of international flights, as well as the processing of this details by the skilled authorities. The directive establishes that PNR information collected might only be processed for the prevention, detection, investigation and prosecution of terrorist offences and critical criminal offense.

Less than the new directive, air carriers will be obliged to give member states’ authorities with the PNR info for flights coming into or departing from the EU. It will also allow, but not oblige, member states to gather PNR data relating to picked intra-EU flights. Each individual member state will be demanded to established up a so-named Passenger Details Unit, which will obtain the PNR facts from the air carriers.

The new procedures generate an EU normal for the use of these kinds of details and include provisions on:

the functions for which PNR knowledge can be processed in the context of legislation enforcement (pre-arrival evaluation of passengers from pre-determined threat requirements or in purchase to discover unique people the use in certain investigations/prosecutions input in the development of chance evaluation criteria)
the exchange of this sort of information between the member states and among member states and third countries
storage (details will originally be stored for 6 months, just after which they will be masked out and saved for a further period of time of 4 several years and a 50 %, with a demanding treatment to entry the comprehensive data)
typical protocols and information formats for transferring the PNR data from the air carriers to the Passenger Info Models and
powerful safeguards as regards protection of privacy and particular details, like the purpose of national supervisory authorities and the mandatory appointment of a info safety officer in just about every Passenger Data Device.

Qualifications

PNR knowledge are now these days stored in the carriers’ reservation techniques. They worry the information and facts supplied by travellers to carriers when scheduling a flight and when examining in on flights. PNR details involves the name, journey dates, vacation itinerary, ticket data, call information, travel agent at which the flight was booked, means of payment utilized, seat variety and baggage data.

The use of these knowledge by member states’ regulation enforcement bodies in unique situations is practically nothing new: Several member states by now use PNR facts for law enforcement functions, both on the foundation of particular laws or on the foundation of common lawful powers. The collection and use of PNR facts has been crucial in preventing specific cross-border crimes, this kind of as drug trafficking in human beings or youngsters trafficking. Even so, there is as nonetheless no typical tactic throughout the EU.

The British isles and Eire have opted in to this directive. Denmark is not taking part.

Next methods

The Parliament’s Civil Liberties, Justice and Household Affairs Committee is envisioned to vote before long.

The directive will be then submitted, following legal-linguistic revision, to the European Parliament for a vote at very first looking at, and to the Council for adoption.

When adopted, member states will have two years to bring into force the rules, polices and administrative provisions essential to comply with this directive.

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Joaquín Nogueroles Garcia
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