The Passenger Name Record Data and Miscellaneous Amendments Regulations 2018

Changes over time for: Section 12

Alternative versions:

31/12/2020- Amendment

Changes to legislation:

There are currently no known outstanding effects for the The Passenger Name Record Data and Miscellaneous Amendments Regulations 2018, Section 12.

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Transfers of PNR [F1data] to [F2[F3third country] competent authorities]U.K.

This section has no associated Explanatory Memorandum

12.—[F4[F5(1) Paragraphs (1A) to (2A) apply to PNR information that is not EU PNR information.

(1A) The PIU must not transfer that PNR information to a third country competent authority except where it does so on a case by case basis where paragraph (2) or (2A) applies.]

(2) [F6This paragraph applies where]—

(a)the request from the non-UK competent authority is duly reasoned;

(b)the PIU is satisfied that the transfer is necessary for [F7a purpose described in regulation 6(3)], and

(c)the [F8third country] competent authority agrees to transfer [F9the information] to another [F8third country] competent authority only where it is strictly necessary for the purposes described in sub-paragraph (b).

(2A) [F10This paragraph applies where]—

F11(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the PIU considers it necessary for [F12a purpose described in regulation 6(3)].]

[F13(2B) The PIU must not transfer EU PNR information to a third country competent authority except where it does so on a case by case basis where—

(a)paragraph (2C) applies and the PIU is satisfied that it is necessary to transfer the EU PNR information for a purpose described in regulation 6(3), or

(b)paragraph (2D) applies.

(2C) This paragraph applies where—

(a)there is an agreement in force between the third country and the EU that provides for a level of protection of personal data that is equivalent to the level of protection required under the Agreement, or

(b)the European Commission has decided that the third country ensures an adequate level of protection of personal data, and that decision has not been repealed or suspended, or amended in a way that demonstrates that the Commission no longer considers there to be an adequate level of protection of personal data.

(2D) This paragraph applies where—

(a)the PIU considers that it is necessary to transfer the EU PNR information—

(i)for the prevention or investigation of an immediate and serious threat to public security, or

(ii)to protect the vital interests of persons, and

(b)the third country competent authority provides a written confirmation to the PIU that the EU PNR information will be subject to a level of protection that is equivalent to the level of protection under these Regulations and the data protection legislation.

(2E) Where the PIU transfers EU PNR information that it received from an EU PIU to a third country competent authority under this regulation, the PIU must notify that EU PIU as soon as possible.

(2F) Where, under this regulation, the PIU transfers to a third country competent authority EU PNR data that originated in a member State, and was provided by an air carrier, the PIU must notify the EU PIU for that member State as soon as possible.]

(3) In the case of PNR data that has been depersonalised through the masking out of data elements pursuant to regulation 13(2), the PIU must not transfer the unmasked PNR data except where—

(a)the PIU is satisfied that the disclosure is necessary for [F14a purpose described in regulation 6(3)], and

(b)the disclosure is approved by the officer referred to in regulation 13(4)(b).

(4) The PIU must inform the data protection officer each time [F15PNR information] is transferred to a [F16[F17third country] competent authority].

Textual Amendments

F1Word in reg. 12 heading inserted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(6)(b), Sch. 2 para. 11(2)(a) (with Sch. 6 para. 9); S.I. 2020/1662, reg. 2(cc)

F2Words in reg. 12 heading substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 104(7)(a) (with regs. 106A, 106B) (as inserted by S.I. 2020/1408, regs. 1, 31); 2020 c. 1, Sch. 5 para. 1(1)