No, Article L.232-7-1 of Homeland security code forbids the collection and processing of any sensitive data, as defined in Article 8 of the data protection law dated 6th of January 1978 (data that may lead to know, directly or not, racial or ethnics origins, political or philosophical opinions, religious believes, trade unions membership, physical conditions or sexual preferences of the persons).
No, law enforcement agencies or intelligence services access only indirectly to the passengers' personal data: they can only submit their requests to the PIU (Passengers Information Unit), a cross-ministerial unit in charge of validating their requests and checking the accuracy of the results.
For the purpose of preventing and fighting against terrorism acts, serious crimes (crimes quoted in article No. 696-23 of national criminal law procedure code), and attempts to the fundamental interests of the Nation.
Yes, the CNIL has been consulted and gave a favourable opinion on the creation of the French API-PNR system.
Passenger Name Record data are generated during the booking or purchase of a flight ticket (whatever it is made by using Internet or in a travel agency).
PNR data are organized in 19 topics, such as ID details, seat number, luggage information, details about tickets, etc.
API data are generated during check-in. They gather a limited number of data, generally those contained in the travel document (eg. passport).
- Directive (EU) 2016/681 from European Parliament and the Council dated 27/04/2016 related for use of PNR Data for prevention and detection of terrorist acts and serious crime
- Law 2017-1510 dated 30/10/2017 enhancing the national security and fight against terrorism
- Article L.232-7 of the Homeland security code
- Decree No. 2014-1095 dated 26th of September 2014( and modifying decree 2018-714 dated 03/08/2018), creating the French API-PNR system
- Decree No. 2014-1566 dated 22nd of December 2014 ( and modifying decree 2018-722 dated 03/08/2018) creating the national cross-ministerial unit called PIU (for "Passengers Information Unit")