AIR LAW OFFICE
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Storage and Use of Passenger Personal Data (APIS)

Articles Questions
Processing personal data of air passengers who travel in Russia is strictly regulated by law.

When booking a ticket, the passenger's obligation to provide the necessary information about his or her personal data follows from the air carriage contract; in Russia, it is enshrined in the Federal Aviation Rules "The General Regulations on the Air Carriage of Passengers, Baggage, and Cargo and the Requirements for the Service of Passengers, Consignors, and Consignees" dated June 28, 2007 No. 82.

The main law governing the personal data processing in Russia is the Federal Law on Personal Data, which is based on the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data.

This federal legal act prohibits personal data operators and other persons having access to personal data from disclosing to third parties and transferring personal data without the personal data subject's consent or in the absence of special conditions provided for by federal law.

One of the conditions for processing personal data of aircraft passengers is the need to achieve the goals provided for by the international convention to which the Russian Federation is a party or by law, for the purpose of exercising the functions, powers, and obligations assigned by the law of the Russian Federation to the stakeholder (see Art. 6 Part 1 Para. 2 of the Federal Law "On Personal Data"). With the passenger's consent, the operator can grant the right to process his or her personal data to a third party. 

According to Para. 6 of the General Regulations on the Air Carriage of Passengers, Baggage, and Cargo and the Requirements for the Service of Passengers, Consignors, and Consignees, as approved by the Decree of the Ministry of Transport of the Russian Federation dated June 28, 2007 No. 82, the carrier has the right to delegate its obligations or part of them under an air carriage contract arising from the booking a ticket, sale and registration of a ticket in the shipping documents and is liable to the passenger for its actions (omission).

If the operator transfers passenger's personal data to a third party for other purposes, that are not specified in Paragraph 6 of the General Regulations on the Air Carriage of Passengers, such operator must obtain the passenger's consent to such transfer.