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CBP General Notice on Passenger Name Record Data for Flights Between the U.S. and EU

U.S. Customs and Border Protection (CBP) is making available to the public the document it issued to the European Union (EU) regarding the manner in which CBP will handle certain Passenger Name Record (PNR) data relating to flights between the U.S. and EU member states.

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According to CBP, this document provided the framework within which the EU was able to approve several measures which the EU requires to permit the transfer of such PNR data to CBP, consistent with EU law. (CBP explains that on May 17, 2004, the European Commission announced that it had issued an "adequacy finding" for the transfer of such PNR data to CBP, and a related international agreement was also approved for execution by the European Council.)

Document Details How CBP Will Handle PNR Data for Flights Between U.S. & EU

The subject document, entitled Undertakings of the Department of Homeland Security Bureau of Customs and Border Protection, details how CBP will handle PNR data relating to flights between the U.S. and EU member states. The topics in the document include (partial list): legal authority to obtain PNR; use of PNR data by CBP, treatment of "sensitive" data; CBP treatment and protection of PNR data; transfer of PNR data to other government authorities; notice, access and opportunities for redress for PNR data subjects; etc.

Data elements required by CBP from air carriers. The document also contains an attachment which lists the PNR data elements required by CBP from air carriers, as follows:

PNR record locator code
Date of reservation
Date(s) of intended travel
Name
Other names on PNR
Address
All forms of payment information
Billing address
Contact telephone numbers
All travel itinerary for specific PNR
Frequent flyer information (limited to miles flown and address(es))
Travel agency
Travel agent
Code share PNR information
Travel status of passenger
Split/Divided PNR information
E-mail address

(See ITT's Online Archives or 06/27/02 news, 02062715, for BP summary of CBP's interim rule requiring air carriers to make PNR information available to CBP upon request.)

CBP contact - Erik Shoberg (202) 927-0530

CBP notice (FR Pub 07/09/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-15642.pdf