On Tuesday 28 November, the members of the European Parliament’s Committee on Civil Liberties adopted two draft regulations on the ‘collection and transfer of advance passenger information (API) to facilitate external border controls’ and on the ‘collection and transfer of advance passenger information (API data) for the prevention and detection of terrorist offences and serious crime’, explains a press release.
The two drafts were adopted by 50 votes in favour, 7 against and no abstentions, and by 53 votes in favour, 6 against and 1 abstention respectively.
The new rules (see EUROPE 13206/8, 13083/13) will require air carriers to systematically collect and transmit passenger data to the competent authorities prior to boarding.
They will apply to flights arriving in an EU country from a third country in the case of border management, and to flights departing from an EU country in the case of data sharing with law enforcement authorities. In addition, EU countries will be able to apply these rules to certain intra-EU flights, as provided for in the European directive on PNR data (which includes all reservation data).
The data collected includes the passenger’s name, date of birth, nationality, passport details and flight information.
The European Parliament has excluded biometric data from the scope.
It has also reduced from 48 to 24 hours the retention period for API data by airlines and border authorities after a flight has departed.
According to the press release, a new article also ensures that the collection of API data does not result in discrimination based on sensitive characteristics such as sex, gender, ethnic origin, language, minority status, disability or religion.
The EU Council adopted its position in June.
Links to texts adopted: https://aeur.eu/f/9so ; https://aeur.eu/f/9tu (Original version in French by Solenn Paulic)