|Title:||Law on the processing of passenger data for the implementation of Directive (EU) 2016/681|
|Short title:||Passenger Data Act|
|Scope:||Federal Republic of Germany|
|Legal matter:||Police and regulatory law|
June 6, 2017 |
( BGBl. 2017 I p. 1484 )
|Effective on:||10. June 2017|
|Last change by:|| Art. 2 G of 6 June 2017 |
( BGBl. 2017 I p. 1484 )
Effective date of the |
|June 10, 2017 (§§ 7-10, 14 (new) and 18 on May 25, 2018)|
|Please note the information on the applicable legal version.|
The German Passenger Data Act ( FlugDaG ) defines the Federal Criminal Police Office as the central passenger data center that maintains a passenger data information system. It regulates the transmission of passenger data to this point, the processing and transmission by this point as well as data protection . As can be seen from the full name of the law, an EU guideline on the storage of passenger name data  will be implemented in national law.
The law has the following structure:
- Input formula
Section 1 Passenger Name Data Center and Purpose of the Passenger Name Data Information System
- Passenger Data Center and Purpose of the Passenger Data Information System
Section 2 Transmission of passenger data to the passenger data center
- data transmission by air carriers
- Data transfer of the passenger data collected by other companies
Section 3 Processing of Passenger Data by the Passenger Name Data Center
- Requirements for data processing
- depersonalization of data
Section 4 Transmission of passenger data by the passenger data processing center
- Data transfer to the responsible authorities in Germany
- Data exchange between the member states of the European Union
- Participation in joint cooperation procedures
- data transfer to Europol
- data transfer to third countries
Section 5 Data Protection Regulations
- National inspection body
- data protection officer of the passenger data center The
- deletion of data
- Documentation Obligation
Section 6 Applicability of the Federal Criminal Police Office Act
- Validity of the Federal Criminal Police Office Act
Section 7 Final Provisions
- Jurisdiction, Procedure
- Administrative fines
The PNR information system is used for the prevention and prosecution of terrorist offenses and serious crime ( para. 2 FlugDaG). The Federal Administration Office processes passenger data on behalf of and according to the instructions of the passenger data center ( (3) FlugDaG).
Passenger data must be transmitted for all scheduled , charter and taxi flights that take off, land and stop in Germany ( (3) FlugDaG). (2) FlugDaG regulates the scope of the data to be transmitted to the central office by the airlines . This also includes any extended passenger data collected in the Advance Passenger Information System .
The data processing serves the purpose of identifying persons for whom there are actual indications that they have committed one of the crimes named in search for or advertise persons or objects and with samples is permitted ( (2) FlugDaG). The data is generally depersonalized after six months ( FlugDaG) and deleted after five years ( FlugDaG).(1) FlugDaG or will be committed within a foreseeable period of time. An automated comparison of passenger data with databases that are used to
The Federal Commissioner for Data Protection and Freedom of Information performs the tasks of the national control body for data protection ( FlugDaG).
The Wiesbaden District Court is responsible for judicial decisions under the FlugDaG ( FlugDaG).
Under certain conditions, data can be transmitted to the following German authorities (FlugDaG):
- Police authorities
- Customs administration
- Intelligence services
Come into effect
The law was published on June 9, 2017 as Article 1 of the Act implementing Directive (EU) 2016/681 of June 6, 2017 in the Federal Law Gazette and entered into force on June 10, 2017 in accordance with Article 3, Paragraph 1 of this Act. Paragraph 2 stipulated that Sections 7-10 and 18 FlugDaG did not come into force until May 25, 2018. At the same time, Article 2 of the law contained a new version of Section 14 FlugDaG. The background to this is that the General Data Protection Regulation (GDPR) came into force on May 25, 2018, which necessitated new logging rules , which could only come into effect after the GDPR came into force.
Thus, with the FlugDaG, there is the rare case for a law in Germany that an amendment to the law was published immediately when it was first announced.
- Wolf-Rüdiger Schenke , Kurt Graulich , Josef Ruthig : Federal Security Law - BPolG, BKAG, ATDG, BVerfSchG, BNDG, VereinsG . 2nd Edition. CH Beck, Munich 2019, ISBN 978-3-406-71602-7 , p. 1675–1694.
- Frequently asked about - Passenger Data Act (PNR). In: https://www.bmi.bund.de/ . BMI, accessed January 11, 2019 .
- (PDF), accessed on 15 May 2019 .