The European airlines have informed the Indian government about their inability to share passenger name record (PNR) data due to their data privacy regulations and the absence of a bilateral agreement between the European Union and India for the transfer of data.
An airline PNR contains details such as passenger name, contact details, itinerary and can include information such as frequent flyer status, meal preference and wheelchair request. As per CBIC communication last December, rollout of PNRGOV (PNR Government) system is planned from April 1, which mandates airlines to share passenger data with the government. This will allow the customs department in risk analysis of international travellers and enhance its detection capabilities against smuggling.
Twenty airlines are participating in a Central Board of Indirect Taxes & Customs (CBIC)-led pilot programme for collection of passenger name record data. While Indian and other Asian airlines have onboarded for the trials that began on February 10, European airlines have given it a miss.
“We are in contact with the Indian authorities, and they are aware of our restrictions,” said a senior official of a European airline.
“No discussion has taken place concerning the implementation of the PNRGOV system between the Indian authorities and the EU. At the moment, there is no international agreement between India and EU concerning the transfer of PNR data,” EU Commission spokesperson said in an emailed response.
At present 70 countries have programmes in place for collection of PNR data. While data protection laws in 15 countries are deemed “adequate” by EU, it has agreements with only three countries (Australia, Canada and the US) for sharing of passenger data.
This complexity poses challenges for airlines and increases the compliance burden. The Finance Ministry and CBIC did not respond to queries.
History of PNR regulations
Countries have been relying on the Advanced Passenger Information System (APIS) to keep a watch on travellers. In 2004, the issue of collecting PNR data was discussed in the International Civil Aviation Organisation (ICAO) for the first time. In 2010, ICAO issued its guidelines on the issue and the move for PNR collection got impetus following a UN Security Council resolution in 2017.
In August 2022, the CBIC notified PNR information regulations. The National Customs Targeting Centre – Passenger has been established by the board to receive and process PNR data.
Airlines will be required to provide 19 types of information related to passengers. These include available frequent flyer status, contact details, payment/billing information, baggage information among others.
The 2022 regulations state that PNR information received by the customs department shall be subject to strict information privacy and protection as per prevailing law.
“The Indian authorities have been proactively engaging the industry in consultations on the implementation of the PNRGOV system since it was announced in 2022. This is welcomed by the industry. Regarding PNR data, what the industry needs is a single window for the transmission of passenger data and in accordance with ICAO norms. Sufficient lead time should also be provided before implementation. This is indeed what we are seeing in India,” said Amitabh Khosla, IATA’s Country Director for India.
Khosla said airlines increasingly find themselves in a difficult position where national laws in their home jurisdiction mean they cannot provide the requested PNR where there is no bilateral agreement in place. IATA has asked ICAO to look at these issues and explore potential solutions to these issues, though this will take time, he added.
