(b)
The right to know what personal data is disclosed, collected and stored
(c)
The right to dispute incomplete or inaccurate data
(d)
The right of those who possess legitimate reasons for information on data pertaining to health and safety of society337
As a counterpart, air carriers are stricken with the possible burden of .nancially assuming new technologies of data processing. According to the Simplifying Travel Organization,338 the technology implemented will entail capturing of the passen-gers information by additional manpower at check-in wit purchase of hardware in order to comply with Annex 9’s provision of machine-readable documents.339
334Enhanced Border And Visa Entry Reform Act of 2002; 107 established by the Congress of the United States of America at the second session, 22 January 2002.
335
US Patriot Act.... 336Heitmeyer(2000, pp. 18–20). 337Abeyratne(2002a, p. 86). 338Refer to the SPT Brochure 2002. The Simplifying Travel Group is a joint venture with IATA in order to develop new technologies in biometrics for the screening of passengers: “The SPT Program is a joint initiative amongst a number of organizations, representing passengers, airlines, airports, control authorities, travel agents and broad government interests, to measurably improve the passenger experience and enable security enhancement by: – Implementing biometrics and other new technologies; – Sharing information amongst service providers; – Enabling controls and services to be effected more ef.ciently.”
339“6.5.1 The principal costs for carriers are associated with system development/integration and capture of passenger details for transmission to the destination country of a .ight. Costs will likely be incurred in other areas as well; e.g., additional check-in staff to cope with the extended period of time required to complete check-in formalities, additional check-in desks, hardware acquisitions, etc. Various techniques can be used to offset these costs to some degree; e.g., agreements with governments, as is the case in Australia, machine-readable passports, ‘up-stream’ capture of passenger data at the time of booking, etc. [...]” World Customs Organization, “Advance Passenger Information: Guidelines for Customs and Air Carriers” (2003) WCO Annex I to Doc PW0072E1 11.
D. The Passenger Name Record
Furthermore, the usage of advance passenger information not only can be considered as a facilitation aspect, but it is also one of aviation security. The Chicago Convention stipulates at its article 44(d) the necessity ofsafe and ef.cient air transport. ICAO has recognized the fact that security and facilitation must act at a joint venture.
A recent organizational change at ICAO, in which the administration of the security and facilitation programmes was merged, recognizes formally the impor-tance of establishing a good balance between the need for effective aviation security and the need to facilitate air travel. 340
In fact, by transmitting data in advance to a border control agency, it becomes more and more probable to control inadmissible passengers, such as potentially high-risk passengers who have been banned into entering the State.341 The infor-mation shared consists of identifying these individuals that could cause a potential threat to national security. As the Fourth Panel Meeting Facilitation Panel stated:
Moreover, the events of 11 September 2001 and afterwards have demonstrated that national programmes of travel document issuance and security, and the ef.cacy of inspection systems in controlling smuggling and illegal migration, can have a signi.cant effect on the security of civil aviation.342
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