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The Passenger Name Record Data and Miscellaneous Amendments Regulations 2018

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Processing of PNR data by the PIU

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6.—(1) Where the information provided by an air carrier pursuant to a requirement under either of the provisions set out in regulation 5 includes personal data other than PNR data, the PIU must delete the additional data immediately upon receipt.

(2) The PIU must not process PNR data except for one of the purposes described in paragraph (3).

(3) The purposes are—

(a)carrying out an assessment of passengers prior to their scheduled arrival in, or departure from, the UK to identify persons who require further examination by—

(i)a UK competent authority, or

(ii)Europol

in view of the fact that such persons may be involved in a terrorist offence or serious crime;

(b)responding, on a case by case basis, to a duly reasoned request from a UK competent authority to provide and process PNR in specific cases for the purposes of preventing, detecting, investigating and prosecuting terrorist offences or serious crime and to provide the relevant authority or, where appropriate, Europol with the results of such processing;

(c)analysing PNR data for the purpose of updating or creating new criteria to be used when carrying out the assessment referred to in sub-paragraph (a).

(4) When carrying out an assessment referred to in paragraph (3)(a), the PIU may—

(a)compare PNR data against databases relevant for the purposes of preventing, detecting, investigating and prosecuting terrorist offences and serious crime, including databases on persons or objects sought or under alert;

(b)process PNR data against pre-determined criteria.

(5) The PIU must ensure that the pre-determined criteria referred to in paragraph (4)(b) are—

(a)targeted, proportionate and specific;

(b)set and regularly reviewed in cooperation with the UK competent authorities, and

(c)not based on a person’s race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, health, sexual life or sexual orientation.

(6) Paragraph (7) applies where the automated processing of PNR for the purpose described in paragraph (3)(a) results in a positive match.

(7) In order to verify whether action needs to be taken by a UK competent authority, the PIU must subject the positive match to individual review by non-automated means.

(8) Where the PIU determines that a passenger should be subject to further examination by a UK competent authority, the PIU must transfer the PNR data or the result of processing that data to the relevant authority.

(9) The PIU must not transfer PNR data or the result of processing that data to a UK competent authority otherwise than on a case by case basis and, in the case of automated processing of PNR, following individual review by non-automated means.

(10) The processing and analysis of PNR data by the PIU must be carried out exclusively within a secure location within the territory of the United Kingdom.

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