Aviation Security Law 航空安全法(115)

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The Instituto Nacional De Migracion proposed an electronic database collecting information of passengers when making a reservation and together with ICAO/ IATA and the Simplifying TravelProcedures established a data processing that will be later discussed regarding the understanding of biometric procedures.412
Other airlines have as well expresses grave concerns at the new Final Rule RIN 1515-A06 on Passenger Name Record Information Required for Passengers on Flights in Foreign Air Transportation To or From the United States.413 In fact, according to VARIG, Brazil’s leading air carrier, PNR violates the Brazilian Constitution where unless express authorization is given by the airobia or by other competent authority, it cannot comply with this new legislation.414
IATA, the International Air Transport Association, which represents 274 mem-ber airlines noted that considerable discussions should continue to be held with the US Bureau of Customs and Border Protection in order to assure its carriers that privacy laws are being complied with. It founded its remarks on the EC Directive (95/46EC)415 that regulates the processing of personal data for all countries falling under the European Union. According to IATA, with the EC Directive, if the United States would adopt the Safe Harbour Principles, it would give suf.cient protection for other States and their air carriers to comply without being held liable for data
410Unknown sheet of paper?
411Refer to supra note 53.
412Secretaria De Gobernacion, Instituto Nacional De Migracion, “Technical Speci.cations INM

Fast-Track” Con.dential INM Presentation (not published).
413Passenger Name Record Information Required For Passengers On Flights In Foreign Air Transportation To Or From The United States, 67 Fed. Reg. 42710 (25 June 2002). 414Unof.cial letter by Varig’s legal counsel, Mrs. Constance O’Keefe dated 18 September 2002
(not published): “Due to Constitutional provision, information contained in air travel reservations, whichisofa con.dential nature, can onlybe disclosed upon written requestby competent public authorities, by public administrative agencies, by an individual passenger – with proper identi.-cation – or by a legal representative duly authorized by the passenger”.
415EC Data Protection Directive (95/46EC), Protection of the individuals in relation to the processing of personal data, online http://wwwdb.europarl.eu.int/oeil/oeil4.Res213 (date acce-ssed: 5 march 2003).
E. Machine Readable Travel Documents transmission only if all agencies of the US receiving such data also adopt such
principles. Furthermore, the US Customs Service should:
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Self-certify under the Department of Commerce “Safe Harbour” Principles or develop and implement self-regulatory data privacy policies that conform to those Principles

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Communicate that self-certi.cation or privacy policy development to all gov-ernments having data privacy legislation adopted in accordance with the EU Directive

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Provide guarantees that limit sharing of data obtained through access to airline systems only to those agencies that have self-certi.ed under, or fully adopted the “Safe Harbour” principles

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Limit its access to “read only” capability and provides assistance in blocking illegal outside access

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Provide assurances to governments and to carriers alike that it will limit access to information pertaining only to those .ights touching U.S. territory416

In conclusion, although many air carriers deem that potential liability could be foreseeable,itistobe notedthat underthe ChicagoConvention,a Statehastheright to request information in order for proper border control to be established.417 Therefore, as national policy of a member State has the right to infringe upon others requesting clearance into their sovereign State, it can request or infringe upon another its principles for proper border control.418
　
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