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Portugal: CNPD publishes opinion on passenger name record law

The Portuguese data protection authority ('CNPD') announced, on 27 January 2023, that it had sent to the Assembly of the Republic and the Government, Opinion 114/2022 of 21 December, in which it indicates the norms that have to be amended in Law No. 21/2019 of 30 January ('the PNR Law') transposing the Directive (EU) 2016/681 of the European Parliament and of the Council of 27 April 2016 on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime, so that national law is in compliance with the EU Charter of Fundamental Rights and with the Constitution of Portugal.

In particular, the CNPD highlighted that the PNR Law cannot be applied generically to flights within the EU nor, in this context, to a serious crime other than that relating to the prevention and repression of terrorist offences. Moreover, among other things, the CNPD warned that air passenger data cannot have a general retention period of five years if an objective link between the risk of serious criminal offence and the air transport of passengers is not established.

You can read the press release here and download the Opinion here, both only available in Portuguese.