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European Union (Future Relationship) Act 2020

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This is the original version (as it was originally enacted).

This section has no associated Explanatory Notes

14Before regulation 14 insert—

“13BRestricted EU PNR data: further provision

(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.”

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