Protection of Passenger Information Regulations

4 (1) Subject to subsections (2) to (5), an official of the Agency may, for the following purposes, have access to any passenger name record information that is retained:

• (a) to identify persons who have or may have committed a terrorism offence or a serious transnational crime; or

• (b) to conduct a trend analysis or develop risk indicators for the purpose referred to in paragraph (a).

(2) During the period that begins 72 hours after the time of departure of a commercial vehicle and ends two years after its day of departure, an official of the Agency may have access to the name of any person who was or was expected to be on board only for the purpose referred to in paragraph (1)(a) and only if that official confirms that the information is necessary for that purpose.

(3) During the period that begins the day after the last day of the period referred to in subsection (2) and ends three years and six months after the day of departure, an official of the Agency may have access to the passenger name record information provided about a person who was or was expected to be on board a commercial vehicle and could serve to identify any such person only if access is authorized by the President of the Agency for the purpose of identifying a person who is reasonably suspected of having committed a terrorism offence or serious transnational crime.

(4) During the period that the passenger name record information provided about a person who was or was expected to be on board a commercial vehicle is retained under subsection 3(2), an official of the Agency may have access to that information only for the purpose referred to in paragraph (1)(a).

(5) For the purposes of this section, an official of the Agency may have access to passenger name record information only if their functions require it.

(6) If access referred to in subsection (3) to the passenger name record information is authorized by the President of the Agency, the following information must be recorded in a register kept by the Agency for that purpose and that information must be retained for a period of at least two years:

• (a) the name of the official who has requested access;

• (b) the reasons for the request;

• (c) the name of the person who is the subject of the request; and

• (d) the date on which the request was made, the date on which authorization was granted by the President and the date on which the information is accessed.