Unruly passengers endanger safety

Airlines are to be able to take legal action against passengers who violate the rules of conduct on board more easily in the future. The Federal Council proposes to Parliament (cf. dispatch here) to amend the Protocol of April 4, 2014, amending the Convention on Offenses and Certain Other Acts Committed on Board Aircraft accordingly (Tokyo Convention). The protocol adopted in Montreal improves the Tokyo Convention and takes into account the growing number of recalcitrant passengers. In recent years, there has been a significant increase in incidents involving passengers who did not follow the rules of conduct on board an aircraft and disobeyed the instructions of the crew, according to the May 27, 2020, statement.

Occasional unplanned stopover

In several cases, this endangered the safety of the aircraft, and in some cases even unplanned stopovers had to be made in order to remove disruptive passengers for safety reasons, as the federal government points out. In the past, so-called "unruly passengers" could not be prosecuted, mainly due to the lack of jurisdiction of the state in which the aircraft was forced to land.

Therefore, with the amendment of the protocol, there is an additional mandatory jurisdiction of the holder state as well as the country state. Another amendment to the protocol is the list of the most serious crimes (physical assault or threats of such assault, refusal to obey orders of flight personnel). In addition, the protocol provides for claims for damages against persons who have been removed due to their unruly behavior.

The Protocol is part of multilateral legislation of the International Civil Aviation Organization (ICAO), of which Switzerland is a member.

Source: Confederation

Using Swiss Air Passenger Data to Fight Terrorism

Air passenger data can help fight terrorism and serious crime. Already 24 European countries have set up agencies that process passenger data. Switzerland should now also be able to use this PNR data. According to the Federal Council, passenger name record (PNR) data should also be collected and used in Switzerland. Passenger data such as first and last name, contact details or travel route can be used to identify people who are registered in police information systems - even before departure. In this way, there is more time to take necessary measures, according to the Federal Council. Suspicious persons can also be identified in this way and their travel movements traced. This is particularly useful in the case of manhunts or investigations.

An EU directive requires airlines to transmit passenger data to the authorities at departure and destination points in EU member states 24 to 48 hours before the scheduled departure time and after the end of check-in. Airlines flying to EU destinations from Switzerland must also communicate this data to EU member states. Swiss authorities, on the other hand, cannot access PNR data because there is no national PNR system, according to the statement. This information deficit must be remedied, the Federal Council stressed in its communication of February 12.

Exclusively for combating terrorism and serious crime

PNR data may only be used to prevent or detect terrorist attacks and serious crime or to prosecute offenders. Data protection and the personal rights of airline passengers must be guaranteed, according to the statement from Bern. Personal data worthy of protection, which would, for example, allow conclusions to be drawn about ethnic affiliation or religious convictions, must not be evaluated.

Positive data matches are always checked manually. Only persons with a police record and those who are strongly suspected of being involved in criminal activities are checked.

The Federal Council has instructed the Federal Department of Justice and Police (FDJP) to initiate a consultation draft for a federal law on the collection and use of PNR data by Switzerland.

Source: Confederation