Saw news regarding the Opinions on Restricting Specific Seriously Dishonest Persons from Boarding Civil Aircraft within a Certain Time Limit to Promote the Construction of Social Credit System and Opinions on Restricting Specific Seriously Dishonest Persons from Boarding Trains within a Certain Time Limit to Promote the Construction of Social Credit System.

In recent years, the uncivilized behavior of a few passengers at airports and on aircraft has had a negative impact on aviation safety. The new regulations are believed to play a positive role in the good operation of airlines. Below is an excerpt of some content.

Objective To prevent the adverse effects of illegal acts by some passengers on civil aviation flight safety, and to further increase the punishment for serious illegal and dishonest behaviors in other fields.

Scope Passengers who commit the following acts at the airport or on the aircraft and are given administrative penalties by public security organs or investigated for criminal responsibility:

1. Fabricating or deliberately spreading false terrorist information related to civil aviation air defense security;
2. Using forged, altered, or fraudulent identity documents or boarding passes of others;
3. Blocking, forcibly occupying, or rushing into check-in counters, security channels, or boarding gates (channels);
4. Carrying or checking in dangerous goods, contraband, and controlled items as prescribed by national laws and regulations; or intentionally hiding in carry-on or checked baggage items other than those prescribed by the state that are prohibited or restricted for transport by civil aviation;
5. Forcibly boarding or intercepting an aircraft, or forcibly breaking into or rushing into the cockpit, Runway, or Apron;
6. Hindering or inciting others to hinder civil aviation staff such as crew, security, or check-in personnel from performing their duties, or committing or threatening to commit personal attacks;
7. Forcibly occupying seats or luggage racks, fighting and brawling, provoking trouble, deliberately damaging or stealing, or unauthorizedly opening aircraft or aviation facilities and equipment, thereby disrupting cabin order;
8. Using open flames, smoking, or using electronic devices in violation of regulations without heeding dissuasion; inside the aircraft;
9. Stealing other people’s belongings inside the aircraft.

Persons responsible for serious illegal and dishonest behaviors in other fields:

1. Parties involved in major tax illegal cases who have the ability to perform but refuse to perform;
2. Persons responsible for serious dishonest behaviors such as falsification, false claiming, cheating and interception, misappropriation, and defaulting on debts due to international financial organizations and foreign governments in the field of fiscal fund management and use;
3. Persons responsible for serious dishonest behaviors with the following circumstances in the field of social insurance: Employers fail to participate in social insurance according to relevant regulations and refuse to rectify; Employers fail to truthfully declare the social insurance payment base and refuse to rectify; Those who owe social insurance premiums and have the ability to pay but refuse to pay; Concealing, transferring, encroaching, or misappropriating social insurance funds or investing in operation in violation of regulations; Defrauding social insurance benefits by means of fraud, falsification of certification materials, or other means; Social insurance service providers violating service agreements or relevant regulations; Refusing to assist the social insurance administrative department in investigating and verifying accidents and problems;
4. Those who are fined for securities or futures violations but fail to pay the overdue payment; subjects of listed companies who fail to fulfill their public promises on time;
5. Persons who have been restricted from consumption by a people’s court in accordance with relevant regulations, or included in the list of dishonest debtors subject to enforcement in accordance with the law;
6. Persons responsible for other serious dishonest behaviors restricting them from boarding civil aircraft as determined by relevant departments; when relevant departments join this document, they shall be specified by amending this document.

Information Collection Collection of dishonest information related to civil aviation passengers The Civil Aviation Administration of China (CAAC) shall coordinate with public security organs and people’s courts to establish an information push mechanism. For those who are punished by public security organs or investigated for criminal responsibility for the acts listed in Item (1) of the first part of these Opinions, the public security organs that made the punishment decision and the people’s courts that made the judgment shall push the list to the CAAC, and the CAAC shall include them in the restriction list in accordance with prescribed procedures.

Collection of dishonest information related to other fields The National Development and Reform Commission, the Supreme People’s Court, the Ministry of Finance, the Ministry of Human Resources and Social Security, the State Taxation Administration, and the China Securities Regulatory Commission will aggregate the lists of those who need to be included in the flight restriction list due to serious dishonest behaviors determined by their respective departments to the National Credit Information Sharing Platform, and the platform will push them to the CAAC, which will include them in the flight restriction list in accordance with prescribed procedures. If a data transmission channel has been previously established with the CAAC and list information sharing has been realized, the original data transmission channel and information sharing method may be maintained, and the National Credit Information Sharing Platform will not repeatedly push the list information. The list information provided to the CAAC shall include: the name, travel document number, and reason for inclusion of the person included in the flight restriction list; if there is a legal document as the basis, the name and number of the legal document shall also be provided. Relevant departments shall determine a person to handle objections to the list and notify the CAAC.

Release, Execution, and Remedy of Rights In accordance with prescribed procedures, the CAAC releases the flight restriction list information on the first working day of each month on the designated civil aviation website and the “Credit China” website, and the objection handling department and contact information shall be published simultaneously. The period of 7 working days from the date of release is the publicity period. During the publicity period, the person subject to publicity may raise objections to relevant departments. After the publicity period expires, if the person subject to publicity has not raised an objection or the objection raised is not supported after review, the list shall be executed. Persons included in the flight restriction list who believe that the inclusion was erroneous may request a review from relevant organs or units.

Removal Mechanism

Specific seriously dishonest persons shall be appropriately restricted from boarding civil aircraft within a certain time limit. After the relevant subject is removed from the list of restricted persons, the restriction measures shall no longer be taken against them. The specific removal methods are as follows: 　(1) For specific seriously dishonest persons who have seriously affected civil aviation flight safety and production safety, the restriction on boarding civil aircraft is valid for one year, calculated from the date of expiration of the publicity period, and will be automatically removed after one year. (2) For the list of relevant persons restricted from boarding civil aircraft generated in other fields, the validity period is one year, calculated from the date of expiration of the publicity period, and will be automatically removed after one year; within the validity period, if their statutory obligations are fulfilled, relevant departments shall notify the CAAC to remove the list within 7 working days. For those who need to take flights due to the need to escort criminal suspects or criminals, a temporary release shall be granted upon application by the escort department to the CAAC.

This notice shall be implemented from May 1, 2018.

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Note 1 National Credit Information Sharing Platform

The National Credit Information Sharing Platform relies on the national e-government external network and was initially completed and put into operation at the end of 2015, realizing the collection, sharing, and application of credit information of various departments and localities, providing effective support for joint punishment and joint incentives, and improving the level of cross-departmental and cross-regional credit collaborative supervision and service.

Note 2 Baidu Baike Air Rage

"Air Rage" refers to some uncivilized behaviors that occur when passengers are on an aircraft. For example, making phone calls on a mobile phone while the aircraft is taxiing, smoking in the cabin, abusing crew members, etc. "Air Rage" not only disrupts normal order and harms the interests of airlines and other passengers, but also poses a certain threat to aviation safety and public safety.

Note 3 Regarding the interpretation of "US Blacklist" by various airlines, let's look at Lufthansa as an example Secure flight (安全飞行)

In accordance with Section 114 of Title 49 of the United States Code (USC), the Intelligence Reform and Terrorism Prevention Act of 2004, and Sections 1540 and 1560 of Title 49 of the Code of Federal Regulations (C.F.R), the Transportation Security Administration (TSA) requires you to provide your full name, date of birth, and gender information for the purpose of identifying persons of interest. You may also provide your Redress Number (if available). If you do not provide your full name, date of birth, and gender, you may be denied boarding or entry into the boarding area. The TSA may share the information you provide with law enforcement agencies, intelligence agencies, or other agencies under its public system of records notices. For details on TSA privacy policies, system of records notices, and privacy impact assessments, please visit the TSA website at www.tsa.gov.

Note 4 A case where a Japanese citizen was denied boarding on Korean Air and consulted the National Diet Question regarding the denial of boarding to Japanese nationals on flights departing from and arriving in Japan Answer to the question regarding the denial of boarding to Japanese nationals on flights departing from and arriving in Japan submitted by Member of the House of Representatives Yoshikawa Moto Note 5 Profiling and Privacy of Airline Passenger Information

This study examines the issues under the Fourth Amendment to the United States Constitution (Privacy Protection) regarding the current situation where screening is implemented to identify individuals who may be directly involved in terrorism on aircraft before boarding, involving profiling and data mining techniques.