[FYI] (Fwd) FC: Canada's proposed system for profiling air travelers

["Axel H Horns" <horns@ipjur.com>]

------- Forwarded message follows -------
Date sent:      	Sat, 2 Feb 2002 01:04:40 -0800 (PST)
From:           	Declan McCullagh <declan@well.com>
To:             	politech@politechbot.com
Subject:        	FC: Canada's proposed system for profiling air travelers
Send reply to:  	declan@well.com



---------- Forwarded message ----------
Date: Fri, 01 Feb 2002 11:33:03 -0500
From: Mychelle Tremblay <myt@cyberie.qc.ca>
To: declan@well.com
Subject: Re: FC: Feds will begin testing massive system to profile air

    travelers

Declan,

This Notice of Intent was published in the Canada Gazette on December
29, 2000.


http://canada.gc.ca/gazette/part1/ascII/g1-13552_e.txt

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Notice of Intent

This notice is to advise the public of Transport Canada's intention,
pursuant to section 4.83 of the Aeronautics Act, as amended by Bill
C-44, An Act to amend the Aeronautics Act, to develop regulations that
would identify the information that an operator of an aircraft may
provide to the competent authority of a foreign state (for example,
the United States) if the laws of that foreign state require this
information.

Subsection 4.83(3) of the Aeronautics Act authorizes the making of
regulations respecting the type or classes of information that may be
provided and specifying the foreign states to which the information
may be given. An outline of the proposal is presented in the schedule
of this notice.

Proposals to regulate two classes of information about flight crew and
passengers are being considered. The first would consist of basic
information while the second would consist of additional information.
An operator of an aircraft could give the additional information only
if the competent authority of a foreign state specifically requested
it. At present, the only foreign state to which the regulations would
apply is the United States (U.S.).

Basic information about the passengers and crew members would include
the name, birth date, citizenship, gender, number of the passport and,
if applicable, U.S. visa or resident alien card. Individual passengers
now provide this information to U.S. customs officials when they land
in the United States or when being examined at preclearance inspection
facilities at major airports prior to the departure of their flight
from Canada.

Additional information about the passengers that might be requested by
the competent authority includes the name of the travel agency that
made the arrangements, the date of ticket issue, itinerary cities, the
destination in the foreign state, seat assignment on the flight, the
number of pieces of baggage checked by the passenger, class of service
and passenger telephone numbers and addresses.

The President of the United States signed the Aviation and
Transportation Security Act into law on November 19, 2001. The
American Act requires that basic passenger information be provided in
advance in respect of all flights entering the United States and that,
upon request, additional information also be provided. The
requirements under the American Act come into force on January 18,
2002.

The U.S. Customs Service has not yet identified a definitive list of
the additional passenger information that must be provided to the
United States under the U.S. Aviation Security and Transportation
Security Act. As a result, only the proposal to provide the
information contained in the passenger name record and referred to in
the Agreement on Air Transport Preclearance between The Government of
Canada and The Government of the United States of America, signed
January 18, 2001, is being considered at present. Preliminary
consultations with the U.S. Customs Service, carried out through the
U.S. Embassy, did not identify additional information that would be
required.

The American legislation may impose a burden on air carriers,
depending on the current method of data retention. If air carriers are
required to provide a subset of the data elements making  up their
passenger name records, the cost of changing hardware and programming
to be able to do this in real time could be substantial.

Interested persons may obtain more information or make representations
with respect to this Notice of Intent to the Minister of Transport
within seven days after the date of publication of this notice. All
such representations should cite the Canada Gazette, Part I, and the
date of publication of this notice. Each representation must be in
writing and be sent to Mr. Jim Marriott, Director, Security Policy and
Legislation (ABA), Security and Emergency Preparedness, Safety and
Security Group, Department of Transport, Place de Ville, Tower C, 330
Sparks Street, Ottawa, Ontario K1A 0N8, (613) 996-6381 (Facsimile).

Persons making representations should identify any of those
representations the disclosure of which should be refused under the
Access to Information Act, in particular under sections 19 and 20 of
that Act, and should indicate the reasons why and the period during
which the representations should not be disclosed. They should also
identify any representations for which there is consent to disclosure
for the purposes of that Act.

December 20, 2001

DAVID M. COLLENETTE

Minister of Transport

SCHEDULE

An operator of an aircraft departing from Canada or of a Canadian
aircraft departing from any place outside Canada may provide basic
information about the passengers and crew members to the competent
authority in a listed foreign state. Information in the passenger name
record may be provided only at the request of the competent authority.

INFORMATION ABOUT THE PASSENGERS AND CREW MEMBERS

 - The surname, first name and initial or initials

 - The date of birth

 - The citizenship or nationality or, failing these, the country that
issued the travel documents for the flight

 - The gender

 - The number of the passport and, if applicable, visa or resident
 alien card

INFORMATION FROM THE PASSENGER NAME RECORD

 - The date on which the passenger name record was created

 - If applicable, a notation that the passenger arrived at the
 departure
gate with a ticket but without a reservation for the flight

 - If applicable, the names of the travel agency and travel agent that
 made
the travel arrangements

 - The date on which the passenger's ticket for the flight was issued

 - If applicable, a notation that the passenger exchanged their ticket
 for
the flight

 - The date, if any, by which the ticket for the flight had to be paid
 for
to avoid cancellation of the reservation or the date, if any, on which
the request for a reservation was queued from the operator of the
aircraft to the ticketing office

 - The number assigned to the ticket for the flight

 - If applicable, a notation that the ticket for the flight is a
 one-way
ticket

 - If applicable, a notation that the ticket for the flight is valid
 for
one year and that is issued for travel between specified points with
no dates or flight numbers assigned

 - The city or country in which the travel included in the passenger
 name
record begins

 - The itinerary cities, being all points where the person will embark
 or
disembark

 - The name of the operator of the aircraft

 - The code of the operator of the aircraft and the identification
 number
for the flight

 - The destination in the foreign state

 - The travel date for the flight

 - Any seat assignment on the flight that was selected for the
 passenger
prior to departure

 - The number of pieces of baggage checked by the person to be carried
 in
the aircraft's cargo compartment on the flight

 - The baggage tag numbers

 - The class of service in respect of the flight

 - Any stated seat request in respect of the flight

 - The passenger name record number

 - The telephone numbers of the person and, if applicable, the
 telephone
number of the travel agency that made the travel arrangements

 - The address of the person and, if applicable, of the travel agency
 that
made the travel arrangements

 - The manner in which the ticket was paid for

 - If applicable, a notation that the ticket was paid for by a person
 other
than the ticket holder

 - If applicable, a notation that there are gaps in the itinerary
 included
in the passenger name record that necessitate travel by an
undetermined method

 - Routing information in respect of the travel included in the
 passenger
name record, being the departure and arrival points, codes of the
operators of the aircraft, stops and surface segments

 - If applicable, a notation that the ticket is in electronic form and
stored electronically in the reservation system of the operator of the
aircraft

LIST OF FOREIGN STATES AND COMPETENT AUTHORITIES

United States, Commissioner of Customs




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