A Legal Study Of The International Airpassenger Information Record System

The international air passenger information record legal system collects,analyzes,and applies international arrival and departure air passenger information,and plays a role in maintaining national security,simplifying customs clearance procedures,preventing and controlling infectious diseases and cracking down on illegal immigration.As a new system,the legal system of international air passenger information records still has some problems in legislation and practice.The legal system of international air passenger information records may infringe upon the personal information rights and freedom of travel of air passengers during the process of information collection and use;in the process of international air passenger information transmission,non-uniform transmission standards of various countries have caused difficulties to international aviation and brought a heavy burden to International air carriers;during the implementation of the international air passenger information record system,legal conflicts with the cross-border flow of personal data outside the region will occur.In view of this,the international air passenger information record legal system should adhere to the principle of limitation of purpose,storage limitation,and due process,regulate the collection of personal sensitive information,establish a mechanism to monitor the use of information,and prohibit passenger-based automated decision making of information in the process of collecting and using passenger information.Countries should join the general standards for the transfer of passenger information records established by ICAO,IATA and WCO,prohibit the collection of passenger information records for overflight flights so as to reduce the burden on national air carriers in each country.When seeking conflict coordination with the cross-border flow system of personal data outside the territory,the national security protection and the protection of air passenger information should be the value orientation,and normative coordination between the two systems should be sought through bilateral or multilateral mechanisms to work together to maintain the international air transport order and guarantee International air transport security.