PNR DATA FOR FLYING
Source: The Indian Express
Context
With its new Passenger Name Record Information Regulations, 2022, the Central Board of Indirect Taxes and Customs (CBIC) has asked airlines to mandatorily share PNR (Passenger name record) details of all international passengers with the National Customs Targeting Centre-Passenger, 24 hours before departure of flights.
| The regulations are aimed at "risk analysis of passengers to prevent economic and other offenders from fleeing the country, as well as check illicit trade like smuggling. |
New regulations
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As per the notification, airlines will have to share 19 data points with the authorities.
This includes the name of the passenger, date of intended travel, all available contact details, Payment or billing information such as credit card numbers, travel status, including confirmation and check-in, baggage, seat information and travel agency or agent from where the ticket was issued.
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- Every aircraft operator will have to seek registration with customs for its implementation and will have to transfer PNR information, not later than 24 hours before the departure time, or the departure time wheels off.
- For each act of non-compliance by an aircraft operator or its authorised agent, the National Customs Targeting Centre Passenger can impose a penalty between Rs 25, 000-50, 000.
Objective
- The objective is to collect advanced information on passengers for better risk profiling.
- Airline officials said the move creates a standardised process of passenger data sharing, given that non-standard requests could potentially lead to privacy infringements.
- The consent will be manifested by the persons registered in the passenger's list of the aircraft operator and the data will be recorded for prevention, detention, investigation and prosecution of offences under the Customs Act.
- India joins over 60 countries including the US, that have regulations on sharing of advanced passenger information with Customs and border control authorities.
- The onus of collecting and sharing such information promptly has been put on the airline operators.
- Further, while strict privacy guidelines have been stipulated under the said regulations, the government should ensure that the same are duly enforced to prevent unauthorised usage.
Ground rules
- In addition to the Customs department, law enforcement agencies or government departments of India or any other country can also gain access to the data "on a case-to-case" basis.
- This is subject to maintenance of the same level of information protection, privacy and safeguards and provided these agencies specify the purpose of the information being sought.
- The information collected is subject to strict information privacy and data protection and there are adequate legal and administrative safeguards built in.
- Processing of the information to reveal ethnicity, race, religious or philosophical beliefs, health etc. is strictly prohibited.
- Hardware and software necessary for data protection have already been envisaged.
- The information received is used for further processing only by a senior officer of the rank of Principal Additional Director General / Additional Director General.
- The National Customs Targeting Centre Passenger, set up by the CBIC, Will process information for dealing with offences under the customs Act.
- It is also for law enforcement agencies or government departments or any other country.
Conclusion
- There shall be an extensive independent system audit and security audit on annual basis to prevent misuse.
- The information would be retained in the customs-designed system for a maximum period of five years.
