Disclosure of Passenger Data
The Dutch authorities can request passenger data from airlines carrying passengers from outside the EU and/or the Schengen area to Dutch national territory. This page will tell you why this is done, what information is disclosed and what privacy regulations apply.
On the grounds of European Council Directive 2004/82/EC, the Dutch authorities can require airlines carrying passengers to Dutch national territory to provide them with passenger data. The European Council Directive has been incorporated into the Aliens Act (Section 4, subsection 3, Aliens Act 2000). This concerns the details of passengers on board incoming flights from outside the EU and/or the Schengen area (including transit passengers) to Schiphol Airport. The carrier is obliged to disclose passenger details to the Dutch authorities tasked with border control on the grounds of the legislation referred to above.
As of 1 January 2012, carriers are obliged to provide passenger data for flights departing from the following airports: Aleppo, Bahrain, Bangkok, Beijing, Cairo, Colombo, Damascus, Damman, Doha, Dubai, Entebbe, Hong Kong, Istanbul, Johannesburg, Kathmandu, Kiev, Kuala Lumpur, Kuwait, Moscow, Nairobi, Panama City, Saint Petersburg, São Paulo, Singapore, Teheran, Tripoli and Yerevan.
As of 1 april 2013 the following airports will be added:
Abu Dhabi (AUH), Amman (AMM), Ankara (ESB), Antalya (AYT), Banjul (BJL), Bodrum (BJV), Buenos Aires (EZE), Casablanca (CMN), Chengdu (CTU), Dalaman (DLM), Dar-es-Salaam (DAR), Erbil (EBL), Guangzhou (CAN), Hangzhou (HGH), Islamabad (ISB), Izmir (ADB), Kayseri (ASR), Khartoum (KRT), Lagos (LOS), Lahore (LHE), Muscat (MCT), Quito (UIO), Shanghai (PVG), Sharjah (SHJ), Taipei (TPE), Xiamen (XMN).
The objective of the Directive is to improve border checks and combat illegal immigration by determining that carriers should provide Advance Passenger Information to the competent authorities. The competent authority in the Netherlands is the Royal Netherlands Marechaussee.
The passenger data to be provided by the carrier upon request of the border control authorities are the following:
- the number and the type of travel document used;
- full names;
- the date of birth;
- the border crossing point of entry into the territory of the Member States;
- code of transport;
- departure and arrival time of the transportation;
- total number of passengers carried on that transport;
- the initial point of embarkation
With regard to the protection of passenger data, provisions corresponding to national legislation and Directive 95/46/EC are applicable. The passenger has the right to submit a request to the carrier to consult his/her details and to request correction of inaccurate data from the same carrier (insofar as these data have not yet been deleted).
The passenger can, on the grounds of the Police Information Act, exercise the same right with regard to the data processed by the Netherlands is the Royal Netherlands Marechaussee. All persons can request to be informed whether any, and if so, which, of their personal data have been registered by the Netherlands is the Royal Netherlands Marechaussee (insofar as these data have not yet been deleted). In the event of inaccuracies in the processed data, a request can be made to correct these data. Such requests are dealt with by the Commander of the Royal Netherlands Marechaussee in The Hague.