(1) Reasons for Proposal

In accordance with the revision of the Aviation Security Act (Act No. 17461, promulgated on June 9, 2020), this amendment aims to prescribe the matters delegated by the Act and matters necessary for the enforcement thereof such as the method of verifying the identities of aircraft passengers using biometric data and the protection, destruction, etc. of biometric data. In addition, it aims to change the title of the person who is delegated authority by the Minister of Land, Infrastructure and Transport from the president of the Regional Aviation Administration to the head of the affiliated institution and entrust the Korea Transportation Safety Authority with tasks related to the establishment and operation of a periodic review and screening system for hazardous items that are prohibited from being carried onto aircraft. 

(2) Major Provisions

A. Prescribe the method of requesting biometric data and the method of verifying the identities aircraft passengers (Article 9-2) 

Prescribe that when airport operators and air transport service providers request biometric data from relevant administrative agencies, they shall verify the identities of passengers by comparing the biometric data that are received by transmitting passengers’ resident registration numbers or passport numbers with the biometric data that are entered by the passengers through information equipment.

B. Prescribe how to protect biometric data (Article 9-3) 

Make it mandatory for airport operators using biometric data to establish a management plan for biometric data and establish storage facilities for storage/transmission and safe storage through the application of encryption technology.

C. Prescribe how to destroy biometric data (Article 9-4) 

Prescribe that after using the biometric data of persons whose identities have been confirmed, airport operators, etc., shall destroy the biometric data immediately upon the aircraft’s arrival at a destination airport.

D. Change the person subject to delegation in accordance with the revision of the statutes (Article 20 (1)) 

Change the person who is delegated authority from the president of the Regional Aviation Administration to the head of the affiliated institution.

E. Provide the basis for entrusted matters by statutes and improve the clauses 

1) Entrust the Korea Transportation Safety Authority with tasks related to the establishment and operation of a periodic review and screening system for hazardous items (Article 20 (2) 1).

2) Delete Article 19-4 of the Enforcement Decree, which is the basis for entrusting the aviation security voluntary report-related duties, and reflect the entrustment basis in Article 20 (2) 2.

F. Establish an item of administrative fines (Article 2 of the attached Table) 

Impose an administrative fine of up to 10 million won if biometric data are not destroyed in violation of Article 51 (1) 3-2 of the Act.