Izvorni znanstveni članak
https://doi.org/10.3935/zpfz.69.56.07
Current Legal Issues on Air Carriers’ Obligation to Collect and Transmit Passenger Data Under the Latest European (Croatian) Regulation
Željka Primorac
orcid.org/0000-0002-9880-0369
; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska
Sažetak
The thematic concept of this paper comprises legal issues regarding the role and importance of air carriers’ obligation to collect and transmit passenger data (including data concerning transport itself) that serve to identify passengers with a view to improving the entry controls into the EU. This study also aims at carrying out a legal analysis of certain aspects of air carriers’ obligation with regard to the systematic collection and transmission of a high amount of personal information on passengers with a view to preventing, detecting, investigating and prosecuting terrorist offences and serious criminal offences. By analysing the purpose, scope, criteria and issues of applying the existing provisions at the European level (Directive 2004/82/EC and Directive (EU) 2016/681), the author pays special attention to the modalities of transposing European law into the Croatian legal order (State Border Control Act of 2013 and the Act on the Transmission and Processing of Air Passengers’ Data for the Prevention, Detection, Investigation and Prosecution of Terrorist Offences and Other Serious Criminal Offences of 2018). By clearly pointing out the significant content differences within the European and national provisions, the author emphasises the importance of the open issue of incomplete regulation of air carriers’ obligation to transmit API passenger data from the PNR record in the Croatian legal system. By offering proposals de lege ferenda, the author advocates uniformity in the interpretation, transposition and application of European law.
Ključne riječi
collection and transmission of API passenger data; air carriers’ obligation; European (Croatian) law
Hrčak ID:
233805
URI
Datum izdavanja:
31.1.2020.
Posjeta: 2.113 *