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Cap. 584 · Passenger Name Record (Cap. 584)

Cap. 584 ст. 10Exchange of information between the NPIU and corresponding PIUs of other EU Member States.

PART III

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(1) All relevant and necessary PNR data or the result of processing that data, relating to persons identified by the NPIU in accordance with article 7(2), shall be transmitted by the NPIU to the corresponding PIUs of the other EU Member States.

(2) The NPIU shall transmit all the relevant and necessary PNR data or the result of processing that data from corresponding PIUs of other EU Member States to national competent authorities, only on a case-by-case basis and, in the event of automated processing of PNR data after individual review by non-automated means.

(3) As soon as practicable, the NPIU shall provide the corresponding PIU of any other EU Member State with PNR data kept in the database of the NPIU, which have not yet been depersonalised through masking out of data elements in accordance with article 13(2), and if necessary, the result of any processing of that data, if it has already been carried out pursuant to article 7(2)(a), when requested by such PIU of any other EU Member State.

(4) The request mentioned in sub-article (3), shall be duly reasoned and may be based on any one data element or a combination of such elements, as deemed necessary by the requesting PIU of any other EU Member State, for a specific case of prevention, detection, investigation or prosecution of terrorist offences or serious crime.

(5) In the event that the requested data has been depersonalised through masking out of data elements in accordance with article 13(2), the NPIU shall only provide the requesting EU Member State with the full PNR data where it is reasonably believed that it is necessary for the purpose referred to in article 7(2)(b) and only when authorised to do so by the national supervisory authority referred to in article 13(3)(b).

(6) The NPIU may process reasoned requests received directly from competent authorities of other EU Member States, to provide them with PNR data kept in its database, only in cases of emergency and under the conditions laid down in sub-articles (3), (4) and (5). A copy of the request shall always be sent to the corresponding PIU of the requesting EU Member State. In all other cases the NPIU shall only process requests from competent authorities when such requests are channelled through the corresponding PIU of the other EU Member State where the competent authority concerned is established.

(7) Exceptionally, where access to PNR data is necessary to respond to a specific and actual threat related to terrorist offences or serious crime, the NPIU shall obtain and provide the requesting PIU of another EU Member State with PNR data, in accordance with article 9(6).

(8) Exchange of information under this article may take place using any existing channels for cooperation between the national competent authorities and competent authorities of other EU Member States. The language used for the request and the exchange of information shall be the one applicable to the channel used.

(9) The NPIU shall have the right to request other corresponding PIUs of other EU Member States to be provided with PNR data in the circumstances covered in the previous sub-articles.