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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of July 15, 2015 No. 593

About approval of the Regulations on procedure for creation and maintaining automated information system of personal data of passengers of aircrafts

(as amended on 12-11-2020)

According to Item 1 of Article 7 and article 12 of the Law of the Republic of Belarus of January 10, 2015 "About modification and amendments in some laws of the Republic of Belarus concerning ensuring public and boundary safety" the Council of Ministers of the Republic of Belarus DECIDES: No. 242-Z

1. Approve Regulations on procedure for creation and maintaining automated information system of personal data of passengers of aircrafts it (is applied).

2. This resolution becomes effective from the date of its acceptance.

Prime Minister of the Republic of Belarus

A. Kobyakov

Approved by the Resolution of Council of Ministers of the Republic of Belarus of July 15, 2015 No. 593

Regulations on procedure for creation and maintaining automated information system of personal data of passengers of aircrafts

1. This Provision establishes procedure for creation and maintaining automated information system of personal data of passengers of aircrafts, and also procedure for informing the carriers performing international carriages of passengers about passengers to whom it will be refused entry into the Republic of Belarus.

2. In this Provision terms and their determinations in the values established in the Law of the Republic of Belarus of November 10, 2008 No. 455-Z "About information, informatization and information protection", the Air code of the Republic of Belarus, other acts of the legislation and also the following terms and their determinations are applied:

automated information system of personal data of passengers of aircrafts (further - AIS DMA) - the organizational and technical system including set the represented carriers performing the international airborne transportations of passengers, personal data of passengers of aircrafts and competent state bodies of the Republic of Belarus of information about persons to which it will be refused entry into the Republic of Belarus, created for the purpose of warning of entry of these persons into the Republic of Belarus;

maintaining AIS DMA - action for introduction, accumulating, storage, updating, transfer and information protection about personal data of passengers of aircrafts;

the operator of AIS DMA (further - the operator) - the aviation organization which activities are connected with forming and maintaining databases.

3. AIS DMA provides:

obtaining from the carriers performing the international airborne transportations of passengers (further - carrier), information on personal data of passengers of aircrafts;

receipt by carriers of information on passengers to which it will be refused entry into the Republic of Belarus;

obtaining by users - state bodies (further - users) information on personal data of passengers of aircrafts according to the legislation.

4. Creation of AIS DMA, including the organization of its creation, is performed at the expense of republican fund of civil aviation and other sources.

Financing of expenses on operation and servicing of AIS DMA is performed at the expense of means of the republican budget and other sources.

The organization of creation, operation and servicing of AIS DMA are performed by the operator.

5. Development of technical and operational requirements to AIS DMA, and also the specification on creation of AIS DMA is performed by the Ministry of Transport and Communications (further - Ministry of Transport) in coordination with users within their competence.

6. The principles on the basis of which AIS DMA is created and functions are:

respect for constitutional rights of citizens in case of the automated information processing containing personal data;

providing technological capability of information exchange of the existing and newly created information systems of participants of information exchange;

ensuring technological independence of structure of AIS DMA and its functioning from the carried-out organizational and other changes of activities of participants of information exchange;

providing according to the legislation in case of storage and processing in AIS DMA, transfer (obtaining) with participation of carriers, the operator and users of protection of public information, and also information which distribution and provision is limited, including ensuring confidentiality, integrity, availability and safety of information which distribution and provision is limited.

7. The AIS DMA database is created on the basis of information provided by carriers on personal data of passengers of aircrafts, except for passengers of the aircrafts which are carrying out warranty flights, and also the information about passengers provided by bodies of the border service to which it will be refused entry into the Republic of Belarus.

8. The personal data of passengers of aircrafts given by carriers to AIS DMA include surname, own name, middle name (in the presence), the floor, birth date this about nationality (citizenship) of the passenger, the name and document number based on which it is acquired the travel document, term of its action and other information.

The structure of other information transferred by carriers to AIS DMA is determined by Ministry of Transport together with users on the basis of interstate arrangements.

9. Carriers bear responsibility for completeness and timeliness of the provided information on personal data of passengers of the aircrafts given to AIS DMA according to the legislation.

10. Informing carriers on passengers to which it will be refused entry into the Republic of Belarus is performed by AIS DMA in the automatic mode during implementation of registration of passengers for run.

Information on AIS DMA and procedure for access to it are placed in the Collection of aeronautical information of the Republic of Belarus determining conditions and features of the organization and accomplishment of flights to the Republic of Belarus.

Informing carriers is performed taking into account ensuring their authorization and differentiation of information access intended for specific carrier.

Procedure for receipt of information by users from AIS DMA, including the format, frequency, methods and terms of its obtaining, are determined in the agreement on information exchange between the user and the operator.

11. The operator is determined by Ministry of Transport.

12. The operator within accomplishment of functions on forming and maintaining AIS DMA within the competence performs:

organizational, technical, methodical and other support of forming and maintaining AIS DMA;

ensuring operation of hardware-software complexes, means and communication links and data transmission, other property necessary for forming and maintaining AIS DMA;

ensuring the information protection about personal data of passengers of aircrafts containing in AIS DMA according to the legislation;

development of offers on introduction of amendments and changes in provision conditions in AIS DMA of information on the international airborne transportations of passengers.

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