European Union (Future Relationship) Act 2020

12 (1) Regulation 13 (period of data retention and depersonalisation) is amended as follows. U.K.

(2) For paragraph (1) substitute—

“(1) Paragraphs (1A) and (1B) apply to PNR data transferred to the PIU—

(a) by air carriers pursuant to a requirement imposed under—

(i) paragraph 27B(2) of Schedule 2 to the Immigration Act 1971, or

(ii) section 32(2) of the Immigration, Asylum and Nationality Act 2006, or

(b) by an EU PIU.”

(3) After paragraph (1) insert—

“(1A) In the case of EU PNR data, the PIU must permanently delete the data before the end of the period of five years beginning with the date of the transfer, subject to regulation 13B if the data is restricted EU PNR data within the meaning of that regulation.

(1B) In any other case, the PIU must—

(a) retain the PNR data for a period of five years beginning with the date of the transfer, and

(b) permanently delete that data upon expiry of that period.

(1C) Paragraphs (1A) and (1B) do not affect the power of the PIU to retain PNR data where it is used in the context of specific cases for a purpose described in regulation 6(3).”

(4) In paragraph (2)—

(a) after “air carrier” insert “ or an EU PIU ”;

(b) in sub-paragraph (e) omit “and”;

(c) after sub-paragraph (f) insert—

“(g) Other Service Information (OSI), and

(h) System Service Information (SSI) and System Service Request information (SSR).”

(5) In paragraph (3) for “passenger” substitute “ person ”.

(6) After paragraph (3) insert—

“(3A) The PIU must ensure that unmasked PNR data is only accessible by persons specifically authorised by the PIU to access such data and must limit the number of persons authorised to the minimum number practicable.”

(7) In paragraph (4)(a) for “the purpose referred to in regulation 6(3)(b)” substitute “ a purpose described in regulation 6(3) ”.

(8) In paragraph (6) for “upon expiry of the period referred to in paragraph (1)” substitute “ when that data is no longer required in the context of the specific case for which it was transferred to the UK competent authority ”.

(9) Omit paragraphs (7) to (10).

Commencement Information

I1 Sch. 2 para. 12 in force at Royal Assent for specified purposes, see s. 40(6)(b)

I2 Sch. 2 para. 12 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1662, reg. 2(cc)