What is the legal framework for the transfer of PNR data?
(read more) By legal statute (title 49, United States Code, section 44909(c)(3)) and its implementing (interim) regulations (title 19, Code of Federal Regulations, section 122.49b), each air carrier operating passenger flights in foreign air transportation to or from the US must provide DHS with electronic access to PNR data collected and contained in the air carrier’s reservation and/or departure control systems. DHS has published Undertakings to use these data in accordance with certain conditions which concern, in particular: • the purpose of the processing; • the data used; • the method of accessing the data; • the maximum storage time; • the security measures used; • the disclosure of the data to other parties; and • how you can access your data and make a complaint. Based on DHS implementing the Undertakings, the European Union and the United States concluded an International Agreement signed on 16 October 2006, and the European Union will now make sure that air carriers provide
