Airlines must share all passenger data with Customs from April 1

Data is to be submitted to NCTC-Pax. Representation pic/iSTOCK

Starting April 1, all airlines flying to or from India will be required to submit details of all on board the aircraft, including the transit passengers, the cabin crew, and pilots, to the Indian Customs Department for risk analysis.

"The data need to be submitted to the National Customs Targeting Centre-Passenger (NCTC-Pax)," said the Central Board of Indirect Taxes & Customs (CBIC). In a communication sent to airlines, CBIC said, "Every aircraft operator shall register with NCTC-Pax by Jan 10. The system will be implemented on a pilot basis for some airlines starting February 10, while full-scale operation is planned from April 1 for individual airlines." Airlines operating through GDS have been given time until June 1.

According to a revised notification, "Every aircraft operator shall transfer passenger name record information no later than 24 hours before the departure time and wheels-off time. Non-compliance will result in a penalty between Rs 25,000 and Rs 50,000 for each contravention." A senior customs official said, "This move is being implemented based on the provision made in Finance Act 2017. CBIC has already said that passengers are not required to individually submit any information to customs. Airlines are already collecting information under aegis of Chicago Convention on International Civil Aviation."

"These regulations are meant to enhance detection, interdiction, and investigative capabilities of customs authorities using non-intrusive techniques for combating offences related to smuggling of contraband such as narcotics, psychotropic substances, gold, arms, and ammunition, etc. that directly impact national security," the senior official added. "The information is also to be shared with the law enforcement agencies, government departments, or even foreign governments. However, domestic and foreign entities will be required to specify the purpose of seeking data," said the above-mentioned official.

"NCTC-Pax would store these details for five years for the purpose of prevention, detection, investigation, and prosecution of offences under the Customs Act," said the official. Another official said that the information received by the customs shall be subject to the strict information privacy and protection under the law. "Processing of passenger's name record information revealing a person's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, health, sexual life, or sexual orientation will not be permitted," the official added.

The revised government notification also added, "Passenger name record information shall be received, stored, processed, and disseminated in a secure system accessible only to the duly authorised officers by establishing a robust procedure to protect the privacy of passengers and crew members by the National Customs Targeting Centre-Passenger."