Information for persons travelling to the United States
United States law require airlines operating flights to or from the U.S. to provide the Department of Homeland Security, Bureau of Customs and Border Protection (U.S. CBP) electronic access to certain passenger data for purposes of preventing and combating terrorism and other serious criminal offences. TAP intends to comply with these requirements. The transfer of passenger data to U.S. CBP is a condition of flying to, from or through the United States.
Passengers should be aware of the following information, which is provided by U.S. Customs and Border Protection.
Data - What kind of information is disclosed?
U.S. CBP has access to certain Passenger Name Record (PNR) data concerning persons travelling on flights into or out of the United States. These are files created in the reservation and departure control systems ("reservation systems") used by the airlines for each itinerary booked by a passenger, and contain a variety of information including name, contact details, details of the travel itinerary (such as date of travel, origin and destination, seat number, number of bags) and details of the reservation (such as travel agency, payment information). The PNR may include any information the passenger has provided during the booking process (such as hotel room reservations).
U.S. CBP will not use "sensitive" data from the PNR that it accesses directly from air carrier reservation systems. "Sensitive" data includes information which has been identified as possibly revealing the passenger's racial or ethnic origin, political opinion, religion, or concerning health and sex life), and will apply for instance to data on meal preferences or special medical attention required by the passenger.
Authorities and purposes - Who will have access to my PNR data, store and use them, and for what purpose will they be used?
PNR data will be accessed by U.S. CBP, which is a component of the U.S. Department of Homeland Security. U.S. CBP will use the data for preventing and combating terrorism and other serious criminal offences.
PNR data will generally not be disclosed to the public under existing U.S. law. The PNR data may be transferred to other government authorities with counter-terrorism or law enforcement functions, on a case-by-case basis, for purposes of preventing and combating terrorism or other serious criminal offences. PNR data may also be disclosed when necessary for the protection of the vital interest of passengers or third persons (for example in relation to a public health emergency), or if necessary for the pursuit of criminal judicial proceedings or as otherwise required by law.
Data processing - What is done with my PNR data?
Generally, PNR data may be accessed from the airline's reservation and departure control systems by U.S. CBP and will be used to screen passengers prior to arrival, with the aim of facilitating the admission of bona fide travellers and determining whether any passenger presents a risk, as described above. The data will be kept by CBP for a period of 3 years and six months (3.5 years), although in cases where U.S. CBP has manually accessed the PNR during the 3.5 years, that data must be stored off-line for another eight (8) years afterwards for auditing purposes.
U.S. CBP will adopt, as appropriate, further technical and organisational measures to prevent unauthorised use of the data.
Rights of the passenger - What are my rights and how can I enforce them?
Passengers may request to receive a copy of that passenger's PNR data contained in U.S. CBP databases. However, U.S. CBP may deny or postpone disclosure of all or part of a PNR in certain circumstances (e.g., if it could be reasonably expected to interfere with enforcement proceedings or would disclose techniques and procedure for law enforcement investigation). U.S. CBP's refusal to disclose the requested PNR could be administratively and judicially challenged under US law.
Passengers may seek and obtain rectification of their PNR data that is contained in U.S. CBP databases, where U.S. CBP considers that correction is justified and properly supported.
If you wish to have access to your PNR data held by U.S. CBP, you may address a request to: Freedom of Information Act (FOIA) Request, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue, N.W., Washington, D.C. 20229, if by mail; or such request may be delivered to the Disclosure Law Officer, U.S. Customs and Border Protection, Headquarters, Washington, D.C. For further information regarding the procedures for making such a request, you may refer to section 103.5 of title 19 of the U.S. Code of Federal Regulations. Written requests for rectification and complaints about handling of PNR data may be addressed by passengers to U.S. CBP's Assistant Commissioner, Office of Field Operations, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue, N.W., Washington, D.C. 20229. Decisions by U.S. CBP may be reviewed by the Chief Privacy Officer of the Department of Homeland Security, Washington, DC 20528; www.dhs.gov/privacy. The matter may be referred by a passenger to the data protection authority of an EU Member State if a satisfactory response is not received from the U.S. Authorities.
