EUROPE

U.S.

EUROPE - U.S. AGREEMENTS

Article 8
Retention of Data
1. DHS retains PNR in an active database for up to five years. After the initial six months of this period, PNR shall be depersonalized and masked in accordance with paragraph 2 of this Article. Access to this active database shall, unless otherwise permitted by this Agreement, be restricted to a limited number of specifically authorized officials.
2. To achieve depersonalization, personally identifiable information contained in the following PNR elements shall be masked out:
a. name(s);
b. other names on PNR;
c. all available contact information (including originator information);
d. General Remarks, including other supplementary information (OSI), special service information (SSI), and special service request (SSR); and
e. any collected APIS information.
3. After this active period, PNR shall be transferred to a dormant database for a period of up to ten years. This dormant database shall be subject to additional controls, including a more restricted number of authorized personnel, as well as a higher level of supervisory approval required before access. In this dormant database, PNR shall not be repersonalized except in connection with law enforcement operations and then only in connection with an identifiable case, threat or risk.
4. Following the dormant period, data retained must be rendered fully anonymized by deleting all elements which could serve to identify the passenger to whom PNR relate without the possibility of repersonalization.
5. Data that are related to a specific case or investigation may be retained in an active PNR database until the case or investigation is archived. This paragraph is without prejudice to data retention requirements for individual investigation or prosecution files.
6. Upon entry into force of this Agreement, PNR held by DHS will be masked in accordance with paragraph 2 within one year of that date.
7. The Parties agree that, within the framework of the evaluation as provided for in Article 23, paragraph 1, the necessity of a 10-year dormant period of retention will be considered to ensure that PNR is only retained for the period strictly necessary
Article 27
Final provisions
2. This Agreement, as of the date of its entry into force, replaces the Agrement Between the United tates of America and the European Union on the Proxcessing and Transfer of Passenger Name Record (PNR) Data by Air Carriers tot the United States Department of Homeland Security (DHS), July 26, 2007

VIS - Visa Information System