LAW OF THE REPUBLIC OF MOLDOVA

of December 7, 2023 No. 379

About use named the register of passengers

The parliament adopts this organic law.

This law shifts the Directive (EU) No. 2016/681 of the European parliament and Council of April 27, 2016 about use named the register of passengers (PNR) for prevention, identification, investigation and criminal prosecution of crimes of terrorist orientation and serious crimes, published in the Official magazine of the European Union by L 119 of May 4, 2016 and partially shifts the Decision on enforcement (EU) of the European commission No. 2017/759 of April 28, 2017 about the supported protocols and data formats which shall be used by air carriers in case of product transmission of PNR in divisions of information on passengers, published in the Official magazine of the European Union by L 113 of April 29, 2017.

Chapter I. General provisions

Article 1. Subject to regulation

(This law regulates 1):

a) transfer by air carriers named the register of the passengers (further - the data PNR) provided in appendix 1, in department of information processing about passengers (further also - OIP);

b) data processing of PNR, including their collection, use and storage of OIP;

c) data traffic of PNR with other states;

d) product transmission of PNR processed by OIP in the Agency on cooperation of law enforcement agencies of the European Union (further - Europol).

(2) This law does not limit the right of bodies of the public power / public organizations on request and obtaining from air carriers of data from available for them named the register of passengers according to provisions of the Code of penal procedure of the Republic of Moldova.

(3) Provisions of this law do not affect the right and obligations of the Parties provided in the Agreement on the operational and strategic cooperation between the Republic of Moldova and the European bureau of police ratified by the Law No. 116/2015.

Article 2. Concepts

For the purpose of this law the following concepts are used in value:

the passenger - any passenger and/or the crew member;

properly reasonable request - the inquiry sent by the competent authority performing special search activities and/or criminal prosecution concerning the interesting person suspected of participation in criminal activities including according to international agreements which party is the Republic of Moldova, having objective, at least and indirect, communication during the corresponding period about provision of the data PNR or result of their processing for the purposes of prevention, identification, investigation and criminal prosecution of crimes of terrorist orientation, transnational crimes or for the prevention and suppression of threats to state security;

previously set criteria - in advance determined criteria of search based on data of criminal prosecution on information received earlier and arriving at the moment which establishes OIP in cooperation with competent authorities allowing to carry out profayling of passengers who shall correspond to certain signs, including, in particular, the following: the passengers traveling around the certain routes which are usually used for drug trafficking, acquisition of the ticket at the last moment, cash payment by money, etc.;

depersonalization by means of masking of elements of data - the action directed to concealment of elements of the data PNR which could serve directly for identification of the personality, for users of the register of names of passengers;

preliminary data about the passenger (data API) - the data set consisting of information on flight and bio data of the passenger who is included in the machine-readable area of the travel document of the owner with optically identifiable symbols, being constituent of the data PNR which are offered/provided by air carriers;

crimes of terrorist orientation - the crimes provided in article 134-11 of the Criminal code of the Republic of Moldova No. 985/2002;

transnational crimes - crimes for which the penal statute prescribes punishment in the form of lifelong imprisonment or imprisonment for the maximum term at least three years corresponding to the types of crimes provided in appendix 2. It is considered that the crime has transnational nature if it:

a) it is made in more than one country;

b) it is made in one country, but its preparation, planning, management or control over it were performed by it generally in other country;

c) it is made in one country, at the same time the organized criminal group conducting criminal activities in several countries participates in it;

d) it is made in one country, but has significant effect in other country; or

e) it is made in one country, but the criminal is or intends to move to other country;

the crew member - any person which is onboard the air vehicle in flight time not being the passenger which works at the air vehicle and exploits him, including members of flight crew and cabin crew;

push-method - method by means of which air carriers transfer the data PNR to OIP and which assumes active product transmission from systems of air carriers in the register of names of passengers;

the passenger - any physical person, including the crew members who are in the transfer or transit area, except for which is transported or shall be transported on the air vehicle with the consent of air carrier; such consent is expressed by registration of the corresponding person in the passenger manifest;

the "regular customer" profile - the records about physical persons made by air carriers within the loyalty programs performed by them;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info