Protection of Passenger Information Regulations

5 (1) API information may be retained in the PAXIS system for a maximum period of three years and six months after it is received and access to the information may be provided during that period to

• (a) intelligence officials, if they require the information

  • (i) for the purpose referred to in section 3, or

  • (ii) for the purposes of conducting trend analysis or developing future risk indicators in relation to the purpose referred to in section 3; and

• (b) officials employed by the Agency who are responsible for selecting persons for enhanced questioning on their arrival with a view to identifying persons described in section 3.

(2) Access to API information may not be used by an intelligence official to gain access to PNR information about the same person

• (a) during the first two years of the period of three years and six months referred to in subsection (1), unless the intelligence official confirms that such access is necessary in order to proceed with an investigation for the purpose referred to in section 3; and

• (b) during the period of one year and six months after the two-year period referred to in paragraph (a), unless such access by the intelligence official for that purpose is approved by the President of the Agency.