This document is an excerpt from the EUR-Lex website
Document 52013XX0130(01)
Executive summary of the Opinion of the European Data Protection Supervisor on the amended proposal for a regulation of the European Parliament and of the Council on the establishment of ‘EURODAC’ for the comparison of fingerprints for the effective application of Regulation (EU) No […/…] (recast)
Executive summary of the Opinion of the European Data Protection Supervisor on the amended proposal for a regulation of the European Parliament and of the Council on the establishment of ‘EURODAC’ for the comparison of fingerprints for the effective application of Regulation (EU) No […/…] (recast)
Executive summary of the Opinion of the European Data Protection Supervisor on the amended proposal for a regulation of the European Parliament and of the Council on the establishment of ‘EURODAC’ for the comparison of fingerprints for the effective application of Regulation (EU) No […/…] (recast)
OJ C 28, 30.1.2013, p. 3–5
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
30.1.2013 |
EN |
Official Journal of the European Union |
C 28/3 |
Executive summary of the Opinion of the European Data Protection Supervisor on the amended proposal for a regulation of the European Parliament and of the Council on the establishment of ‘EURODAC’ for the comparison of fingerprints for the effective application of Regulation (EU) No […/…] (recast)
(The full text of this Opinion can be found in English, French and German on the EDPS website: http://www.edps.europa.eu)
2013/C 28/03
1. Introduction
1.1. Consultation of the EDPS
1. |
On 30 May 2012, the Commission adopted a proposal concerning a recast for a Regulation of the European Parliament and of the Council on the establishment of ‘EURODAC’ for the comparison of fingerprints for the effective application of Regulation (EU) No […/…] (establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person) and to request comparisons with EURODAC data by Member States' law enforcement authorities and Europol for law enforcement purposes and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the Area of Freedom, Security and Justice (hereinafter: ‘the Proposal’) (1). |
2. |
The Proposal was sent by the Commission to the EDPS for consultation on 5 June 2012, pursuant to Article 28(2) of Regulation (EC) No 45/2001. The EDPS recommends that reference to the present consultation be made in the preamble of the Proposal. |
3. |
The EDPS regrets that the Commission services did not ask the EDPS to provide informal comments to the Commission before the adoption of the Proposal, according to the agreed procedure in relation to Commission documents relating to the processing of personal data (2). |
4. |
The Proposal was presented to the Home Affairs Ministers at the Justice and Home Affairs Council on 7-8 June 2012 and is currently under discussion within Council and the European Parliament with a view to adopt a regulation under the ordinary legislative procedure by the end of 2012. The present opinion of the EDPS intends to give input to this procedure. |
7. Conclusions
87. |
The EDPS notes that over recent years the need of accessing EURODAC data for law enforcement purposes was extensively debated within the Commission, the Council and the European Parliament. He also understands that the availability of a data base with fingerprints can be a useful additional instrument in the combat of crime. However, the EDPS also recalls that this access to EURODAC has a serious impact on the protection of personal data of the persons whose data are stored in the EURODAC system. To be valid, the necessity of such access must be supported by clear and undeniable elements, and the proportionality of the processing must be demonstrated. This is all the more required in case of an intrusion in the rights of individuals constituting a vulnerable group in need of protection, as foreseen in the proposal. |
88. |
Evidence provided until now — also taking into account the specific context described above — is according to the EDPS not sufficient and up to date to demonstrate the necessity and proportionality of granting access to EURODAC for law enforcement purposes. There are already a number of legal instruments which permit that one Member State consults fingerprints and other law enforcement data held by another Member State. A much better justification, as a precondition for law enforcement access is necessary. |
89. |
In this context the EDPS recommends that the Commission provides a new impact assessment in which all relevant policy options are considered, in which solid evidence and reliable statistics are provided and which includes an assessment in a fundamental rights perspective. |
90. |
The EDPS has identified several additional issues which are: |
Applicable data protection law
91. |
The EDPS stresses the need for clarity on how the provisions of the Proposal specifying certain data protection rights and obligations relate to Council Framework Decision 2008/977/JHA as well as Council Decision 2009/371/JHA (see section 4). |
Conditions for law enforcement access
As stated above, it should first be demonstrated that law enforcement access to EURODAC as such is necessary and proportionate. The comments made below should then be taken into account.
92. |
The EDPS recommends:
|
Other provisions
93. |
The EDPS recommends:
|
Done at Brussels, 5 September 2012.
Peter HUSTINX
European Data Protection Supervisor
(1) COM(2012) 254 final.
(2) The last time, the EDPS was informally consulted by the Commission on an amendment of the EURODAC Regulation was in 2008.