Passenger Name Record (PNR) Information Regulations, 2022[Notification No. 67/2022-Customs (N.T.), dated 8th August 2022]

[YAGAY andSUN]

The Passenger Name Record (PNR) Information Regulations, 2022 under Notification No. 67/2022-Customs (N.T.), dated 8th August 2022, were introduced by the Indian Customs Department to strengthen border security and facilitate the monitoring of passenger movements. These regulations aim to enable the collection, analysis, and sharing of Passenger Name Record (PNR) information for international flights entering or leaving India. The regulations are part of India’s broader efforts to improve its ability to combat terrorism, organized crime, and illegal activities while ensuring the smooth flow of passengers at the country's international airports.

Key Objectives of the Passenger Name Record Information Regulations, 2022

1. Enhancing Security and Preventing Terrorism:
   • The main goal of these regulations is to enhance border security by allowing authorities to access detailed information about passengers before their arrival or departure. This helps in identifying potential threats or individuals who may be involved in illegal activities such as terrorism or human trafficking.
2. Facilitating Advance Passenger Information:
   • These regulations are designed to collect advance passenger information (API). Airlines are required to submit PNR data before a flight departs for or arrives from India. This allows authorities to take proactive measures in handling passengers who might be flagged for security reasons.
3. Data Sharing for Effective Border Management:
   • PNR information can be shared among relevant agencies, including customs, immigration, law enforcement, and intelligence agencies, to enable better coordination and decision-making when managing international passengers.
4. Alignment with International Standards:
   • The regulations bring India in line with international practices, particularly with regard to the collection of PNR data, as established by the International Civil Aviation Organization (ICAO) and the European Union (EU) standards for data collection and sharing.

Key Features of the Passenger Name Record Information Regulations, 2022

1. Mandatory Submission of PNR Information:
   • Airlines are required to submit Passenger Name Record (PNR) data to Indian Customs prior to a flight’s departure from or arrival in India. This includes the following details:
     • Passenger’s full name.
     • Date of birth.
     • Nationality.
     • Travel itinerary (flight dates, destinations, and connections).
     • Ticketing information (ticket number, fare, and payment details).
     • Contact information (telephone number, email address, etc.).
     • Travel document information (passport or visa details).

This information is submitted electronically to the Indian Customs system, usually via a secure digital platform.

2. Data Collection for All International Flights:
   • The regulations apply to all international flights arriving into or departing from India, regardless of whether the flight is commercial or charter. It ensures that information on all international passengers is made available to authorities.
3. Timeframe for Submission:
   • Airlines must submit PNR information in advance, generally within 4 hours prior to departure. This allows authorities to process and analyze the data in real time or ahead of time.
4. Retention of Data:
   • The data collected from airlines must be stored securely by the Indian Customs Department for a specified period. The retention period allows for proper record-keeping and analysis if any issues arise regarding a passenger’s movement.
5. Risk Assessment and Screening:
   • Customs authorities will use the PNR data to perform risk assessments. Passengers flagged as high-risk can be subjected to additional screening or even detainment upon arrival or departure.
6. Access to Information:
   • Authorized personnel from various government agencies (e.g., Customs, Immigration, Law Enforcement, and Intelligence Agencies) will have access to the PNR information to support their operational activities and ensure security.
7. Privacy and Protection of Personal Data:
   • While the regulations facilitate the collection and sharing of PNR data, they also contain provisions for the protection of personal data. The data will be handled in compliance with data protection laws, and measures will be taken to ensure that personal privacy is respected.
8. Penalties for Non-Compliance:
   • Airlines or operators failing to comply with these regulations can face penalties. These penalties are intended to ensure that the submission of PNR data remains consistent and accurate, thus maintaining the effectiveness of border security operations.

Benefits of the Passenger Name Record Information Regulations, 2022

1. Enhanced Security:
   • The regulations improve the security of India's borders by enabling customs and immigration authorities to screen passengers before they arrive or depart. This allows authorities to detect potential threats and prevent the entry or exit of individuals involved in illegal activities such as terrorism or organized crime.
2. Proactive Risk Management:
   • With access to PNR information in advance, authorities can conduct risk assessments and take preventive actions before a flight lands or departs, reducing the risk of security breaches at airports.
3. Improved Coordination Between Agencies:
   • The shared access to PNR data across various government departments ensures that immigration, customs, law enforcement, and intelligence agencies are better equipped to work together, leading to more coordinated and effective action against threats.
4. Alignment with Global Standards:
   • By adopting practices aligned with international standards, India improves its reputation and strengthens its cooperation with other nations in the fight against global terrorism and criminal activities.
5. Streamlined Border Processes:
   • With PNR data available in advance, passenger processing at airports becomes more efficient. It can also help reduce waiting times and ensure quicker processing of passengers who do not present any security risks.
6. Compliance with International Obligations:
   • The regulation helps India meet its international obligations, including those under ICAO and the United Nations, by establishing a robust framework for the collection and use of passenger data for security purposes.

Challenges and Considerations

1. Privacy Concerns:
   • The collection and storage of personal data such as travel itineraries, contact details, and identification information could raise privacy concerns. Ensuring that the data is handled responsibly and securely is crucial for protecting passenger rights.
2. Data Security:
   • Given the sensitive nature of PNR data, cybersecurity becomes a critical consideration. Authorities must ensure that the data is securely stored and transmitted to prevent data breaches or unauthorized access.
3. Cost and Implementation for Airlines:
   • Airlines may need to invest in technological infrastructure to ensure the smooth submission of PNR data to Indian Customs. For smaller carriers, the implementation of these new systems could pose financial or logistical challenges.
4. Operational Delays:
   • While the intention is to improve border security and efficiency, delays in data submission or technical failures could potentially lead to operational disruptions. Airlines and Customs authorities need to be well-prepared for potential technical issues.

Conclusion

1. The Passenger Name Record Information Regulations, 2022 (Notification No. 67/2022-Customs (N.T.)) represent a significant step in strengthening India’s border security by facilitating the collection and analysis of detailed passenger data for international flights. The regulations are designed to enhance passenger screening, improve coordination among government agencies, and contribute to the prevention of terrorism, human trafficking, and other criminal activities.
2. While the regulations offer substantial benefits, particularly in terms of improving security and efficiency, they also raise important considerations regarding privacy, data security, and the operational impact on airlines. As these regulations are implemented, it will be important to ensure that data protection measures are robust and that airlines are supported in meeting the new requirements.
3. Overall, the introduction of these regulations marks an important move towards modernizing India’s border security framework, in line with international standards.