European Union. Surveillance / law enforcement access. Directive (EU) 2016/681

EU PNR DirectivePNR Directive (EU) 2016/681 on the use of passenger name record data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime

In force
Partly verifiedMedium confidence. Dates from the Directive text (Articles 18 and 22). Directive 2016/681 remains in force as far as this research could confirm; the Court of Justice ruled on it in Case C-817/19 (2022), which was not checked here. The flight scope was not checked in the text, so it is not stated; the SaaS comment is an assessment.

§1Summary

Synopsis

Directive (EU) 2016/681 requires air carriers to transfer passenger name record data to a Passenger Information Unit set up or designated in each Member State, for use against terrorist offences and serious crime. Member States keep the data in the unit for five years after transfer, and the Directive requires certain data elements to be masked out after six months.

Key themes
  • passenger name records
  • air carriers
  • terrorism and serious crime
  • retention and depersonalisation
Unique features

Passenger Information Units process the data; a data protection officer is appointed in each unit.

SaaS relevance

Mainly affects air carriers and the travel-sector software that handles booking data.

§2Obligations

Breach notification
None
DPO
Yes (each Passenger Information Unit has a data protection officer)
Cross-border transfers
Rules for transfers to third countries
Maximum penalty
Set by Member States

§3Dates

Key dates
  • Adopted
  • In force
  • Adopted 27 April 2016; published 4 May 2016; in force 24 May 2016; Member States to apply by 25 May 2018

§4Text and authority

Text
Authority
National Passenger Information Units; national supervisory authorities

§5Where it applies

Also applies in

§6Sources and verification

Sources consulted
Verification

Medium confidence.

Partly verifiedMedium confidence. Dates from the Directive text (Articles 18 and 22). Directive 2016/681 remains in force as far as this research could confirm; the Court of Justice ruled on it in Case C-817/19 (2022), which was not checked here. The flight scope was not checked in the text, so it is not stated; the SaaS comment is an assessment.