Legislative proposal on passenger data submitted to House of Representatives

In the course of 2018 airlines operating flights to and from third countries and flights within the European Union will come under the obligation to supply passenger data to the Passenger-information unit (Pi-NL), tasked with processing and analysing such data. Supplied passenger data may be used solely for the prevention, detection, investigation and prosecution of terrorist offences and other serious crimes.

This measure stems from a legislative proposal submitted to the House of Representatives today by Minister Grapperhaus (Justice and Security), implementing the European PNR (Passenger Name Record) directive in Dutch law. The aim of the PNR directive is to ensure internal security within the European Union and to protect the life and safety of persons. It will also promote more effective cooperation between EU Member States.

The Pi-NL will carry out its tasks under the responsibility of the minister of Justice and Security and is intended to operate as part of the Royal Netherlands Marechaussee (KMar). The Pi-NL will be an independent, specialised unit with its own statutory task and authorisations, including the exchange of passenger data and the results of processed data with comparable units in other Member States and with Europol.

A number of other authorised agencies may also request information from the Pi-NL to aid research or measures needed to prevent, detect, investigate or prosecute terrorist offences or serious crimes. These agencies are the Public Prosecution Service, the National Police Services Agency, the Special Investigation Service, the Royal Netherlands Marechaussee and the National Police Internal Investigations Department.
The legislative proposal also contains provisions on legal protection, retention periods, data protection and the supervision of data processing, including the requirement that the Pi-NL appoint a data protection officer.