Foreign Nationals and Integration Act (FNIA)

Art. 104aFNIA from 2022

Art. 104a ⁽¹⁾ Passenger information system

¹ SEM shall maintain a passenger information system (API System) in order to:

1bis The API System contains the data in accordance with Article 104 paragraph 3 and the results of comparisons in accordance with paragraph 4. ⁽³⁾

² In order to check whether air carriers are fulfilling their duty to provide data, and to enforce penalties under Article 122b, SEM may retrieve data in accordance with Article 104 paragraph 3 from the API System. ⁽²⁾

³ In order to improve border controls and to combat unlawful entry into the Schengen area and transit through the international transit zones of the airports, the authorities responsible for checks on persons at the Schengen external borders may retrieve data in accordance with Article 104 paragraph 3 from the API System. ⁽⁵⁾

3bis If it is suspected that a person is preparing for or committing offences under Article 104 paragraph 1^bis letter a, fedpol may retrieve the data in accordance with Article 104 paragraph 3. ⁽⁶⁾

⁴ The data in accordance with Article 104 paragraph 3 letters a and b shall be automatically and systematically compared with the data from RIPOL, the SIS, the ZEMIS and the Interpol database for stolen and lost documents (ASF-SLTD). ⁽⁵⁾

⁵ The data in accordance with Article 104 paragraph 3 and the results of the comparisons in accordance with paragraph 4 may only be used following the arrival of the flight concerned in order to conduct criminal or asylum proceedings, or proceedings under the law on foreign nationals. It must be erased:

⁶ The data may be retained in anonymised form for statistical purposes beyond the deadlines set out in paragraph 5.