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In the case of aircraft operators specializing in charter air services, who often do not hold PNR data in an electronic form, but still use a DCS which will only enable them to have a limited PNR record after the .ight has closed, they would still be required to provide any captured data to States requesting it regardless of the process by which they receive PNR data. States could also require supplemental or “requested service” information which may be contained in the PNR, such as information relating to special dietary and medical requirements, “unaccompanied minor” information, requests for assistance etc.
Operators should take particular care in refraining from incorporating in PNR data any information that is not essential to facilitate the passenger’s travel. Such information would include, but not be necessarily restricted to details of the passenger’s racial or ethnic origin, political opinions, religious or political beliefs, trade-union membership, marital status or data relating to a person’s sexual orien-tation. The ICAO guidelines make speci.c mention of the fact that Contracting States should not require aircraft operators to collect such data in their PNRs.
The above notwithstanding, any information which would legitimatelyfacilitate the carriage of the passenger, such as details of meal preferences and health issues as well as free text and general remarks, could comprise the PNR. Sensitive data contained in the PNR and is submitted in compliance with a regulation of a State should not be used as the primary source for assessment of risk that the passenger might present to the State concerned.
II. The Importance of PNR Data to States
From a regulatory perspective, the two main areas to which PNR data make a contribution are expedition of customs and immigration processing at airports; and facilitation of passenger traf.c and the safeguard of the legitimate rights of the passenger. The Chicago Convention provides a sound basis for States to require PNR data in the current context. The Convention, in Article 22, recognizes the importance of facilitating the passage of a person through borders by requiringeach contracting State to adopt all practicable measures, through the issuance of special regulations or otherwise, to facilitate and expedite navigation by aircraft between the territories of contracting States, and to prevent unnecessary delays to aircraft, crews, passengers and cargo, especially the administration of the laws relating to immigration, quarantine, customs and clearance.
The main reason for States to require the advance submission of PNR data is that such data could prove to be a valuable tool in ensuring aviation security. PNR data are critically important for the threat assessment value that can be derived from the analysis of such data, not only in possible instances of unlawful interference with civil aviation but also in relation to the .ght against terrorism. This criticalvalue of PNR data has prompted some States to enact legislation or develop draft legislation for approval by their Legislatures requiring that aircraft operators provide their public authorities with PNR data.
PNR data primarily enable States, through the identi.cation of potentially high-risk passengers through PNR data analysis, to improve aviation security; enhance national and border security; prevent and combat terrorist acts and related crimes and other serious crimes that are transnational in nature, including organized crime; and to enforce warrants and prevent .ight from custody for such crimes. Such data could also protect the vital interests of passengers and the general public, including their health.
States are aware that, if the guidelines are implemented in a uniform manner, would provide a global framework enabling all States to bene.t from the value-added analysis of PNR data for shared security/safety purposes. Air carriers would also bene.t from having to comply with only one set of common requirements for PNR data transfer. As for the consumer of air transport, all passengers would bene.t from basic protection afforded to them by the exchange of PNR data between air carriers and State authorities.
　
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