PNR Regulation in Poland – Updated 2025 

The government has just submitted a draft amendment to the Act on the processing of passenger name record (PNR) data to the Sejm. The amendment aims to bring Polish legislation into line with EU law following the judgment of the CJEU in case C-817/19, which found that the PNR Act had been incorrectly implemented, in particular with regard to the transfer of PNR data during intra-EU flights.

The draft is still at an early stage of the legislative process, and the date on which the new provisions will come into effect has not yet been determined. Below are three key changes proposed in the draft:

1. Private flights directly covered by the PNR Act

The draft extends the definition of “PNR flight” to include non-revenue flights (i.e., flights operated for the owner of the aircraft). Under the current legal framework, it was unclear whether non-commercial flights were subject to the obligation to transfer PNR data.

2. Possibility of processing data from intra-EU flights

The amendment clarifies the conditions under which data relating to flights within the European Union may be transferred and processed. Under the new wording of the Act, the processing of PNR data from intra-EU flights will only be possible in strictly defined situations, such as:

• one of the national alert levels specified in the Act on Counter-Terrorism Measures is in force (in practice, such a level has been in force in Poland with short interruptions since the beginning of 2022),
• an order issued by the minister responsible for internal affairs, at the request of the Commander-in-Chief of the Border Guard,
• obtaining the consent of a court or prosecutor – e.g. as part of ongoing preparatory proceedings.

Importantly, carriers will continue to transfer PNR data relating to flights, but processing will only be possible if the above conditions are met.

3. Abolition of administrative penalties – Termination of proceedings and waiver of enforcement

The draft law provides for a long-awaited abolition of penalties for carriers who have been fined for violating their obligations to transfer PNR data on intra-EU flights, in such a way that such carriers:

• no new administrative proceedings for financial penalties will be initiated,
• proceedings that have been initiated and not yet completed will be discontinued,
• penalties imposed on carriers will not be enforced

The amnesty applies to infringements relating to flights operated before the date of entry into force of the amendment.

Our Law Firm is monitoring the further stages of the legislative process and remains available to analyze the impact of the new regulations on carriers’ obligations. If necessary, our lawyers can provide support in implementing the changes and minimizing regulatory risks.