Federal Act
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Art. 104 Air carriers' duty to provide data 365
1 In order to improve border controls and to combat unlawful entry into the Schengen area and transit through the international transit zones of the airports, at the request of the border control authorities SEM may require air carriers to provide personal data on the passengers it is carrying and data on the flight to SEM or to the authority responsible for the border controls. The data must be transmitted immediately after departure.366 1bis SEM may extend the duty to provide data to other flights:
1ter The data must be transmitted immediately after departure.368 2 The order to provide data must contain:
3 The duty to provide data applies to the following data categories:
4 The air carriers shall inform the persons concerned in accordance with Article 19 of the Data Protection Act of 25 September 2020369 (FADP).370 5 Orders imposing or lifting the duty to provide data are made as general rulings and are published in the Federal Gazette. Appeals against such rulings do not have suspensive effect. 6 Air carriers may retain the data in accordance with paragraph 3 solely for evidentiary purposes. They must erase the data:
365 Amended by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561). 366 Amended by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685). 367 Inserted by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685). 368 Inserted by No I of the FA of 14 Dec. 2018 (Procedural Regulations and Information Systems), in force since 1 June 2019 (AS 2019 1413; BBl 2018 1685). 370 Amended by Annex 1 No II 4 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941). |