Federal Council to launch national air passenger data system from 2026
Published: Wednesday, May 15th 2024, 16:20
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The Federal Council wants to put a national system for recording air passenger data into operation from 2026. The basis for this is the Air Passenger Data Act, which the national government submitted to Parliament on Wednesday.
The bill is intended to help the police and security authorities to better combat terrorism and serious crime and to better protect Switzerland as a business location.
The planned law regulates the disclosure of passenger data by Swiss and foreign airlines to the authorities and their processing. This passenger name record (PNR) data includes surname, first name and travel route. Information on sensitive personal data - such as skin color or food preferences - would not be transmitted, according to the Federal Council's dispatch.
In future, the PNR data will be sent to the newly created Passenger Information Unit (PIU) at the Federal Office of Police (Fedpol). The PIU is to be set up from 2025. In future, it will automatically compare the data with police information systems. In the event of a match, the result will be checked manually before being forwarded to the relevant authorities.
Switzerland could become a security risk
According to the Federal Council, the use of PNR data is an effective instrument in the fight against terrorism and other forms of serious crime. However, Switzerland currently has no legal basis for using PNR data.
"For Switzerland, this situation is problematic and inadequate for various reasons," said the head of the Federal Department of Justice and Police (FDJP), Federal Councillor Beat Jans, speaking to the media in Bern on Wednesday.
70 countries, including all EU member states, the USA and Canada, already have a national PNR system. "Without its own PNR system, Switzerland could become a security gap on the European continent," continued Jans.
Economic dimension
According to the Federal Council's dispatch, national security considerations also speak in favor of introducing the system. People with criminal objectives could circumvent existing PNR systems in the Schengen area by flying to Switzerland and continuing their journey to an EU country by land. Swiss airlines are already required to disclose PNR data from flights from Switzerland to some countries, such as EU member states or the USA.
PNR data also has an important economic dimension for Switzerland. Because more and more countries are demanding the disclosure of PNR data, Swiss airlines face the threat of heavy fines and even the withdrawal of landing rights in these countries in future. "In the worst-case scenario, Switzerland could lose some or all of its connections to international air traffic," said FDJP head Jans.
Data protection guaranteed according to the Federal Council
According to the dispatch, the law also guarantees the protection of data and the personal rights of air passengers. Compared to the consultation draft, the Federal Council has now strengthened data protection, explained Jans.
The data retention period has been shortened. For example, data that shows no evidence of terrorism or other serious crime may not be stored for longer than six months. The data would also be anonymized after one month.
If, on the other hand, the data shows such indications, it may be stored for a maximum of five years. After the law comes into force, compliance with data protection will be monitored by the Federal Data Protection Commissioner.
At the same time as the bill on the Air Passenger Data Act, the national government also approved the draft negotiation mandate for an agreement on the exchange of air passenger data with non-EU states. However, the Foreign Affairs Committees of the Federal Assembly and the Conference of Cantonal Governments still have to approve this.
At the beginning of March, the EU member states had already adopted a negotiating mandate to exchange air passenger data with Switzerland in future.
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