Restricted EU PNR data: further provision

13B

1

For the purposes of this regulation, EU PNR data is “restricted EU PNR data” if it relates to a person arriving in the United Kingdom who—

a

is not a UK national, and

b

resides outside the United Kingdom.

2

For the purposes of this regulation, restricted EU PNR data relating to a person is subject to deletion if—

a

the PIU, acting as such, knows that the person has left the United Kingdom, or

b

the period for which the person is permitted to stay in the United Kingdom has expired.

3

But restricted EU PNR data is not subject to deletion—

a

if, on the basis of a risk assessment based on objectively established criteria, the PIU considers that retention of the restricted EU PNR data is necessary for the purpose described in regulation 6(3)(a), or

b

where the restricted EU PNR data is used in the context of specific cases for a purpose described in regulation 6(3).

4

The PIU must permanently delete restricted EU PNR data that is subject to deletion as soon as possible.

5

The PIU must ensure that the operation of paragraph (3)(a) is reviewed annually by the designated independent authority.

6

In this regulation, “UK national” means—

a

a British citizen,

b

a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has a right of abode in the United Kingdom, or

c

a person who is a British overseas territories citizen by virtue of a connection to Gibraltar.