| Air passenger information is the manifestation of personal information in the aviation field.Although it comes from personal information,it also has its particularity due to the characteristics of the aviation field.The subjects of air passenger information collection can be divided into countries and air carriers.When the state is the subject of passenger information collection,it involves the rights and obligations in public law,that is,the state collects passenger information according to its own sovereign power,but also subject to the relevant restrictions of international conventions and the sovereignty of other countries;When the carrier collects relevant information from passengers as the collection subject,it involves the rights and obligations in private law.It is based on the transportation contract with passengers,but also subject to the scope and degree of information provided by passengers.Although there are significant differences between the above two subjects in public and private law,the state often restricts the problems in the field of private law for the purpose of public welfare.For example,countries require air carriers to forcibly collect some information of passengers based on national security,information transmission and other considerations.Therefore,when discussing the collection of air passenger information,the subject of this paper is the air carrier;However,because the collection behavior of the air carrier is closely related to the legal system of a country or region,the discussion of the state as the collection subject will also be involved in some cases.In international law,there is no unified and detailed standard for air carriers to collect passenger information.The existing relevant provisions are scattered in international conventions,documents of international organizations and national legislation.However,countries have different interpretation logic and different value orientation for the relevant provisions of existing international law.This difference makes the air carriers of various countries have different standards and unclear categories in collecting passenger information,For some passenger information,it may even be collected in one country but prohibited in another country.Moreover,with the development of science and technology and the increasing attention of countries to aviation safety,the relevant collection scope of passenger information by air carriers presents a dynamic change,which further aggravates the fuzziness of the scope of passenger information collection,making it more and more difficult to define the legal scope of passenger information collection.In terms of the concept of air passenger information collection itself,the degree of passenger information collection is limited by the law of personal information protection.Therefore,the author will define the scope of air passenger information collection from the relationship between the two.Specifically,according to relevant international and domestic laws,the collection of passenger information by air carriers has its legitimacy and rationality.Air carriers can collect relevant air passenger information within the limits prescribed by law;According to the law on the protection of personal information rights,the scope of passenger information that an air carrier can collect is determined by the law on the protection of personal information.In view of the high international nature of air transport activities,as far as China’s air carriers are concerned,they should not only comply with the norms of other countries or regions in relevant routes for passenger information protection or collection,but also comply with the corresponding norms of China.From the perspective of industrial development,China should actively promote and improve the corresponding passenger information collection legislation,actively sign relevant agreements with other countries or regions,and strengthen the good interaction between the collection of information by air carriers and the protection of passenger information,so as to improve the corresponding norms of China’s air passenger information collection and better promote the development of China’s aviation industry. |
