ECHONOMICS: Foreign airlines request to postpone the requirement to communicate the information on the passengers

Foreign airlines request to postpone the requirement to communicate the information on the passengers, who travel to Russia or fly over its territory. The measure enters into force within days (the Order No. 243 dated 19.07.2012 of the Ministry of Transport of Russia will be enacted on July 1st). They say that the organization of collection and transfer of additional data will require many modifications to the systems of reserving and registration of the airlines and world tourism agencies, and will increase the costs. Tony Tyler, head of the international transport association, also reminded of certain limitations regarding electronic transfers of personal data to third countries. An air company may be fined, and even incur criminal liability in some countries, for breach of confidentiality.

An expert’s commentary:

Advocate Anna Kotova-Smolenskaya, Associated Partner of the Law Firm "YUST", Doctor-at-Law

Pursuant to said Order, all transportation companies will be obliged to ensure the transfer of the information on passengers to the automated centralized bases of personal information, which, in their turn, will be parts of a unified state system of ensuring transport security. The Order was issued in compliance with the Federal Law “On transport security” and includes aerial transport as well as long-distance railway travel, international maritime, water and road transportation. Federal bodies of transport security, Ministry of the Interior and the Federal Security Service of Russia will use the information on passengers for the purposes of safeguarding transport security. The problem is that, in the current situation, it is impossible to check the information of passenger travels by any means of transportation in the territory of Russia, when there is no general database.

From the juridical point of view, if a foreign transport company conducts its activity in the territory of the Russian Federation, it must, inter alia, comply with the rules in force in our country. If the carrier does not perform his duty to transfer the information on the passport details and travel itinerary of the passenger to the database, he may be punished. The punishment depends on the consequences, which the breach caused:

1) If the information simply was not transferred, administrative liability arises in the form of a fine or suspension.

2) If the non-performance of the duty caused grave injury or death, or large losses, for example, as a result of terrorist act, in this case the responsible officer of the carrier may incur criminal liability, including imprisonment.

The expert’s opinion is also available as a recording: “Echo Moskvy”, “Echonomics”. 25.06.2013 (on air – 16:55).