Passenger Data Act

Basic data
Title:	Law on the processing of passenger data for the implementation of Directive (EU) 2016/681
Short title:	Passenger Data Act
Abbreviation:	FlugDaG
Type:	Federal law
Scope:	Federal Republic of Germany
Legal matter:	Police and regulatory law
References :	2190-4
Issued on:	June 6, 2017 ; ( BGBl. 2017 I p. 1484 )
Entry into force on:	June 10, 2017
Last change by:	Art. 2 G of 6 June 2017 ; ( BGBl. 2017 I p. 1484 )
Effective date of the ; last change:	June 10, 2017 (§§ 7-10, 14 (new) and 18 on May 25, 2018)
Weblink:	Text of the FlugDaG
	Please note the note on the applicable legal version.

The German Passenger Data Act ( FlugDaG ) defines the Federal Criminal Police Office as the central passenger data center that maintains a passenger data information system. It regulates the transmission of passenger data to this point, the processing and transmission by this point as well as data protection . As can be seen from the full name of the law, an EU directive on the storage of passenger name data is being implemented in national law.

structure

The law has the following structure:

Input formula
Section 1 Passenger Name Data Center and Purpose of the Passenger Name Data Information System
- § 1 Passenger Data Center and Purpose of the Passenger Data Information System
Section 2 Transmission of passenger data to the passenger data center
- § 2 data transmission by air carriers
- § 3 Data transfer of the passenger data collected by other companies
Section 3 Processing of Passenger Data by the Passenger Name Data Center
- § 4 Requirements for data processing
- § 5 depersonalization of data
Section 4 Transmission of passenger data by the passenger data center
- § 6 Data transfer to the responsible authorities in Germany
- § 7 Data exchange between the member states of the European Union
- § 8 Participation in joint cooperation procedures
- § 9 data transfer to Europol
- § 10 data transfer to third countries
Section 5 Data Protection Regulations
- § 11 National inspection body
- § 12 The data protection officer of the passenger data center
- § 13 deletion of data
- § 14 Logging
- § 15 Documentation Obligation
Section 6 Applicability of the Federal Criminal Police Office Act
- Section 16 Application of the Federal Criminal Police Office Act
Section 7 Final Provisions
- § 17 Jurisdiction, Procedure
- § 18 Administrative fines

content

The PNR information system is used for the prevention and prosecution of terrorist offenses and serious crime ( § 1 para. 2 FlugDaG). The Federal Administrative Office processes passenger data on behalf of and according to the instructions of the passenger data center ( Section 1 (3) FlugDaG).

Passenger data must be transmitted for all scheduled , charter and taxi flights that take off, land and stop in Germany ( Section 2 (3) FlugDaG). Section 2 (2) FlugDaG regulates the scope of the data to be transmitted by the air carrier to the central office . This also includes any extended passenger data collected in the Advance Passenger Information System .

The data processing serves the purpose of identifying persons for whom there are actual indications that they have committed one of the crimes named in Section 4 (1) FlugDaG or will commit them within a foreseeable period of time. An automated comparison of passenger data with databases that are used to search for or advertise persons or objects and with samples is permitted ( Section 4 (2) FlugDaG). The data is generally depersonalized after six months ( Section 5 FlugDaG) and deleted after five years ( Section 13 FlugDaG).

The Federal Commissioner for Data Protection and Freedom of Information performs the tasks of the national data protection control body ( Section 11 FlugDaG).

The Wiesbaden District Court is responsible for judicial decisions under the FlugDaG ( Section 16 FlugDaG).

Data transfer

Under certain conditions, data can be transmitted to the following German authorities ( Section 6 FlugDaG):

Under certain conditions, data can also be exchanged with member states of the European Union and transmitted to Europol and non- EU member states .

Come into effect

The law was published on June 9, 2017 as Article 1 of the law implementing Directive (EU) 2016/681 of June 6, 2017 in the Federal Law Gazette and entered into force on June 10, 2017 in accordance with Article 3, Paragraph 1 of this law. Paragraph 2 stipulated that Sections 7-10 and 18 FlugDaG did not come into force until May 25, 2018. At the same time, Article 2 of the law contained a new version of Section 14 FlugDaG. The background to this is that the General Data Protection Regulation (GDPR) came into force on May 25, 2018, which necessitated new logging rules , which could only become valid after the GDPR came into force.

With the FlugDaG, there is a rare case for a law in Germany that an amendment to the law was immediately published when it was first published.

literature

Wolf-Rüdiger Schenke , Kurt Graulich , Josef Ruthig : Federal Security Law - BPolG, BKAG, ATDG, BVerfSchG, BNDG, VereinsG . 2nd Edition. CH Beck, Munich 2019, ISBN 978-3-406-71602-7 , pp. 1675-1694 .

Web links

Frequently asked about - Passenger Data Act (PNR). In: https://www.bmi.bund.de/ . BMI, accessed January 11, 2019 .

Individual evidence

↑ Directive (EU) 2016/681 of the European Parliament and of the Council of April 27, 2016 on the use of Passenger Name Records (PNR data) for the prevention, detection, investigation and prosecution of terrorist offenses and serious crime (PDF), accessed on 15 May 2019 .

[1] Directive (EU) 2016/681 of the European Parliament and of the Council of April 27, 2016 on the use of Passenger Name Records (PNR data) for the prevention, detection, investigation and prosecution of terrorist offenses and serious crime (PDF), accessed on 15 May 2019 .