24 Amendments of Hilde VAUTMANS related to 2016/0132(COD)
Amendment 63 #
(4a) The following recital is inserted after Recital 13a: (13ab) Authorities of Member States and the Union bodies should continue to be able to see only the data that is relevant for the performance of their specific tasks, even if the data sets are linked in a sequence.
Amendment 67 #
(5a) The following recital is inserted after recital 19: (19a) This regulation shall be applied with respect to the best interests of the child. This includes implementing the relevant provisions and child rights safeguards when applying this Regulation to a person who declares being a child or, depending on the case, a person regarding whom there are reasons to believe that they are a child and no supporting proof of age is available; in the event of uncertainty in relation to the age of the child, the authorities should accord the individual the benefit of the doubt, such that if there is a possibility that the child is under 6 years old, s/he should be treated as such.
Amendment 71 #
(6a) The following recital is inserted after recital 27: (27a) in the case of data pertaining children, the transmission, storage or comparison of data needs to pursue a child protection objective and can only happen in accordance with the obligation to give primary consideration to the best interests of the child;
Amendment 72 #
(6b) The following recital is inserted after recital 30a: (30b) No child should be detained for any reason, including to determine or verify their identity or taking of their biometrics, independent of their age and whether they are unaccompanied or accompanied by their families. Community-based, non- custodial alternatives to detention should always be implemented when children and their families are concerned.
Amendment 73 #
(6c) The following recital is inserted after recital 57: (57a new) The European Parliament, the Council and the Commission should ensure that the available financial and human resources attain the level as indicated in the Legislative Financial Statement of the Commission in relation to this Regulation, enabling eu-LISA to start the implementation process once this regulation enters into force.
Amendment 79 #
(ca) protect child victims of trafficking in human beings and identify and protect missing children;
Amendment 89 #
Proposal for a regulation
Recital 14
Recital 14
(14) The Commission’s Communication on Stronger and Smarter Information Systems for Borders and Security28 highlights the need to improve the interoperability of information systems as a long-term objective, as also identified by the European Council and the Council. The Communication proposes to set up an Expert Group on Information Systems and Interoperability to address the legal and technical feasibility of achieving interoperability of the information systems for borders and security. This group should assess the necessity and proportionality of establishingand examine if there is a need to revise the legal framework for law enforcement access to Eurodac. Technological solutions should be developed to ensure the interoperability of Eurodac with the Schengen Information Systems (SIS) and, the Visa Information Systems (VIS), and examine if there is a need to revise the legal framewEuropol and the Entry-Exit-System (EES) in order to enhance effective cooperation amongst Member States in managing external borders and combatting serious crime. Should additional data of minors be included in a future version of Eurodac, Member States should also recorkd for law enforcement access to EURODACamily links in order to facilitate family reunification and trace missing children. _________________ 28 COM(2016) 205 final
Amendment 109 #
Proposal for a regulation
Recital 25
Recital 25
(25) In view oforder to protect and identify children who are the victims of human trafficking, who have gone missing or who have been kidnapped, and with a view to strengthening the protection of unaccompanied minors who have not applied for international protection and those children who may become separated from their families, it is also necessary to take fingerprints and a facial image for storage in the Central System to help establish the identity of a child and assist a Member State to trace any family or links they may have with another Member State. Establishing family links is a key element in restoring family unity and must be is closely linked to the determination of the best interests of the child and eventually, the determination of a durable solution.
Amendment 112 #
Proposal for a regulation
Recital 26
Recital 26
(26) The best interests of the minor should be a primary consideration for Member States when applying this Regulation. Where the requesting Member State establishes that Eurodac data pertain to a child, these data may only be used for law enforcement purposes by the requesting Member State, to ensure access to protection systems and to trace missing children in accordance with that State's laws applicable to minors and in accordance with the obligation to give primary consideration to the best interests of the child.
Amendment 112 #
6a. In the case of minors, only national law enforcement authorities responsible for the prevention, detection and investigation of child trafficking as well as Europol should be able to access Eurodac for the purpose of protecting child victims of trafficking in human beings. The question whether general law enforcement access under Article 1 (1) (d) to Eurodac for children under the age of 14 years is proportionate, shall be assessed based on additional evidence of the relevance of these data for combating terrorism and other serious crime.
Amendment 114 #
(11a) Article 5(1) is replaced by the following: 1. Before the start of the operational use of the modified Eurodac system, the security framework for the Eurodac’s business and technical environment must be properly updated, in line with Article 33 of the EUDPR1a .The Agency, eu- LISA, shall be responsible for the operational management of Eurodac. __________________ 1a Art. 33, Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC.
Amendment 178 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Taking fingerprints and facial images of minors from the age of six shall be carried out in a child-friendly and, child- sensitive and gender-sensitive manner by officials trained specifically to enrol minor's fingerprints and facial images. The minor shall be informed orally, in a language he/she understands, in an age- appropriate manner using leaflets and/or infographics and/or demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors and they shall be accompanied by a responsible adult, guardian or representative at the time their fingerprints and facial image are taken. At all times Member States must respect the dignity and physical integrity of the minor during the fingerprinting procedure and when capturing a facial image.
Amendment 179 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Taking fingerprints and facial images of minors from the age of six shall be carried out in a child-friendly and child- sensitive manner by officials trained specifically to enrol minor's fingerprints and facial images. The minor shall be informed in an age-appropriate manner using leaflets and/or infographics and/or demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors in a language they can understand and they shall be accompanied by a responsible adult, guardian or representative at the time their fingerprints and facial image are taken. At all times Member States must respect the dignity and physical integrity of the minor during the fingerprinting procedure and when capturing a facial image.
Amendment 190 #
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. Without prejudice to paragraph 3 of this Article, where enrolment of the fingerprints or facial image is not possible from third-country nationals who are deemed to be vulnerable persons and from a minor due to the conditions of the fingertips or face, the authorities of that Member State shall not use sanctions to coerce the taking of fingerprints or a facial image. A Member State may attempt to re- take the fingerprints or facial image of a minor or vulnerable person who refuses to comply, where the reason for non- compliance is not related to the conditions of the fingertips or facial image or the health of the individual and where it is duly justified to do so. Where a minor, in particular an unaccompanied or separated minor refuses to give their fingerprints or a facial image and there are reasonable grounds to suspect that there are child safeguarding or protection risks, the minor shall be referred to the national child protection authorities and /or national referral mechanisms.
Amendment 195 #
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
5. The taking of fingerprints or a facial image shall be performed with full respect for human dignity. The procedure for taking fingerprints and a facial image shall be determined and applied in accordance with the national practice of the Member State concerned an, follow the common approach set out in Annex 1a to this Regulation and be conducted in accordance with the safeguards laid down in the Charter of Fundamental Rights of the European Union, in the Convention for the Protection of Human Rights and Fundamental Freedoms and in the United Nations Convention on the Rights of the Child.
Amendment 268 #
(26a) Article 34(1), is amended as follows: 1. The national supervisory authorities and the European Data Protection Supervisor shall, each acting within the scope of their respective competences, cooperate actively in the framework of their responsibilities and shall ensure coordinated supervision of Eurodac; a single model of coordinated supervision should be applied, as foreseen in Article 62 EUDPR, referring to joint operations of supervisory authorities 1a __________________ 1a Art. 62, Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC.
Amendment 272 #
Proposal for a regulation
Chapter 2 a (new)
Chapter 2 a (new)
Amendment 272 #
'Without prejudice to Article 38 and 39 of Regulation (EU) XXX/XXX [Eurodac Regulation], Articles 12 and 18 of Regulation (EU) 2018/1862, Article 29 of Regulation (EU) 2019/816 and Article 40 of Regulation (EU) 2016/794, eu-LISA shall keep logs of all data processing operations within the ESP in line with the universal message format (UMF) 1a. Those logs shall include, in particular, the following:;’; __________________ 1aRegulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816.
Amendment 285 #
Proposal for a regulation
Article 13 – paragraph 2 – point i a (new)
Article 13 – paragraph 2 – point i a (new)
(ia) return decision taken, or removal order issued, by the Member State of origin;
Amendment 299 #
Proposal for a regulation
Article 14 – paragraph 2 – point i a (new)
Article 14 – paragraph 2 – point i a (new)
(ia) return decision taken, or removal order issued, by the Member State of origin;
Amendment 300 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. Member States may waive the obligations laid down in paragraphs 1 and 2 of this Article in respect of illegally residing third-country nationals who entered by legally crossing the external border of the Schengen area and have overstayed the legal period of residence by no more than 15 days.
Amendment 427 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Personal data obtained by a Member State or Europol pursuant to this Regulation from the Central System shall not be transferred or made available to any third country, international organisation or private entity established in or outside the Union. This prohibition shall also apply if those data are further processed at national level or between Member States within the meaning of [Article […] of Directive [(EU) 2016/../EU] ] and Regulation 2016/679.
Amendment 445 #
Proposal for a regulation
Article 40 – paragraph 2 a (new)
Article 40 – paragraph 2 a (new)
2a. Ultimate responsibility for the processing of personal data shall lie with the Member States, which are considered to be ‘controllers’ within the meaning of Regulation (EU) 2016/679.
Amendment 447 #
Proposal for a regulation
Article 42 – paragraph 2 a (new)
Article 42 – paragraph 2 a (new)
2a. eu-LISA shall establish a secure communication channel between the EES Central System and the Eurodac Central System to enable interoperability between them. The two systems need to be connected in order for the biometric data of a third-country national registered in the EES to be transferred to Eurodac where registration of that biometric data is laid down in this Regulation.