The Central Board of Indirect Taxes and Customs on 8th August 2022, has published the Passenger Name Record Information Regulations, 2022 which deals with collection of passenger information from airlines for risk analysis for the purpose of prevention, detection, investigation and prosecution of offences under the Act and the rules and regulations made there under.
As per the regulation, every aircraft operator shall register with the proper officer in the prescribed format and shall transfer the passenger name record information, as per list in Annexure –II to these regulations, of passengers they have already collected such information in the normal course of business operations, to the designated Customs systems by push method using PNRGOV EDIFACT message format.
In the event of technical failure, passenger name record information shall be transferred by any other appropriate means, as may be directed by the National Customs Targeting Centre-Passenger, ensuring an appropriate level of information security. Every aircraft operator shall transfer passenger name record information not later than twenty four hours before the departure time; or at the departure time – wheels off.
“PNRGOV EDIFACT” means a message of any standard electronic message format endorsed jointly by World Customs Organisation, International Civil Aviation Organisation and International Air Transport Association which can be efficiently transmitted.
Further, the passenger name record information received by Customs designated system shall be subject to the strict information privacy and protection in accordance with the provisions of any law for the time being in force. Processing of passenger name record information revealing a person’s race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, health, sexual life or sexual orientation, shall not be permitted.
The passenger name record information received in Customs designated system shall be retained for a maximum period of five years from the date of such receipt: Provided that the provisions under this sub-regulation shall not be applicable, if such information is required in the course of an investigation, prosecution, or any court proceeding.
