Protection of Passenger Information Regulations

1. Purpose

The Protection of Passenger Information Regulations were made by the Governor General in Council on November 21, 2005, pursuant to subsection 5(2) of the Immigration and Refugee Protection Act. The purpose of these Regulations is to protect the privacy of individuals whose personal information may be collected and retained by the Canada Border Services Agency (CBSA) for the purposes of preventing terrorism offenses or serious transnational crimes.

These Regulations aim to balance the need for national security with individual privacy rights, ensuring that passenger name record information (PNRI) is collected, retained, and disclosed in a way that is consistent with the principles of fairness, transparency, and accountability.

The Regulations set out specific guidelines for the collection, retention, use, and disclosure of PNRI, including the purpose for which it can be used, who has access to it, and how long it can be retained. The Regulations also provide mechanisms for individuals to access their own information and request corrections or deletions.

1. Key Provisions

The Protection of Passenger Information Regulations contain several key provisions that govern the collection, retention, use, and disclosure of PNRI:

• Collection: The Regulations specify that the CBSA may collect PNRI only in accordance with these Regulations for the purposes of preventing terrorism offenses or serious transnational crimes.


• Retention: The Regulations set out specific guidelines for the retention of PNRI, including the maximum period for which it can be retained (three years and six months after the day of departure).


• Use: The Regulations specify that the CBSA may use PNRI only in accordance with these Regulations for the purposes of preventing terrorism offenses or serious transnational crimes.


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  Disclosure: The Regulations provide mechanisms for the disclosure of PNRI to federal or provincial government departments or authorities, including requirements for authorization and record-keeping.

  
  


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  Industry Impact

  
  

The Protection of Passenger Information Regulations have a significant impact on the aviation industry, which is subject to these Regulations. Airlines and other air carriers must ensure that they comply with these Regulations when collecting, retaining, and disclosing PNRI.

The Regulations also apply to land border crossings and maritime arrivals, requiring airlines and other transportation providers to comply with these Regulations when handling passenger information.

The Regulations have a broader impact on the travel industry, as they set out standards for the collection, retention, use, and disclosure of personal information in the context of border security.

1. Updates/Amendments (if applicable)

There have been updates and amendments to the Protection of Passenger Information Regulations over the years. In 2016, the CBSA repealed certain provisions related to the use and disclosure of PNRI. More recently, in 2024, the CBSA made further changes to the Regulations, including new requirements for record-keeping and disclosure.

These updates reflect the ongoing evolution of the Regulations and the need to balance individual privacy rights with national security concerns.