processing of data on air passengers and prevention of terrorism crimes and othe

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Its purpose is to regulate, first of all, the transfer of PNR data (Passenger Name Record) by airlines and other obligated entities; secondly, the collection, processing and protection of those data, their transmission to the competent authorities and the exchange of said data with other Member States, Europol and third States; thirdly, the designation of the Spanish Passenger Information Unit; and, finally, the sanctioning regime. The purposes for which PNR data may be used are limited solely to preventing, detecting, investigating and prosecuting terrorist crimes and serious crimes . The scope of application covers all international flights that have origin, destination or transit in Spain, both commercial and private , with a series of exceptions based on the type of flights. Exceptionally, as an extraordinary measure and whenever there is sufficient evidence of a proven risk situation, specific national routes or flights may be subject to the provisions of this LO. Likewise, they are defined in art. 3 obligated subjects , differentiating air carriers from flight reservation management entities. The following article determines the crimes of terrorism and other serious crimes whose prevention, detection, investigation or prosecution justifies the collection of PNR data: – Terrorist crimes are those contemplated in Organic Law 10/1995, of November 23, of the Penal Code , as crimes of terrorist organizations and groups and terrorism crimes .

As for other serious crimes , for the purposes of this law, those punishable by a prison sentence equal to or greater than three years for constituting some of those listed in Annex II of the Directive are considered as such ( EU) 2016/681 cited above. In art. 5 defines what PNR data is : a set of data relating to a passenger's trip, booked by him or on his behalf, which collects the information necessary for the management of the reservation. Likewise, the passenger data that must be sent to the  WhatsApp Number List Passenger Information Unit is specified , from among those collected by the obligated subjects for their own commercial purposes in the normal course of their activity. These include the data contained in the advance passenger information system (API system), some of which, unlike the previous ones, have been compared with official identification documents. Certain crew information corresponding to the API data must also be sent. Likewise, in the case of private flights, said data must be sent for both passengers and crew members. Chapter II: processing of PNR data In his first art. 6 defines the Spanish Passenger Information Unit (UIP), incorporated into the structure of the Intelligence Center against Terrorism and Organized Crime dependent on the Secretary of State for Security, a body with experience in coordination and in the reception and analysis of the strategic information available in the fight against all types of terrorism and organized crime.





The following provision determines the functions of the UIP , referring to both the reception, processing and analysis of PNR data, as well as communications and exchanges of these with the national competent authorities and similar units of other Member States, third countries and Europol. The art. 8 provides for the figure of the data protection officer , whose main task will be to guarantee rigorous compliance with current legislation on the protection of personal data throughout the process of reception, processing, transmission, conservation and deletion of the data. PNR data. In relation to the data transmission obligations (art. 9), this will be carried out using the determined formats and protocols defined in the Implementing Decision of the EU Commission 2017/759, of April 28, 2017, relating to the common protocols and data formats that airlines must use for the transmission of PNR data to Passenger Information Units . The art. 10 distinguishes the moments of data transmission : the first between forty-eight and twenty-four hours before the scheduled departure of the flight, and the second will occur once the flight has closed, that is, at the moment from which No one can enter or leave the plane. If during the flight any change occurs in the destination, it must also be transmitted. The following provision refers to the legal regime applicable to the processing of PNR data.