38 Amendments of Sophia IN 'T VELD 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 99 #
Proposal for a regulation
Recital 19
Recital 19
(19) Requests for comparison of Eurodac data by Europol should be allowed only in specific cases, under specific circumstances and under strict conditions, in line with the the principles of necessity and proportionality enshrined in Article 52(1) of the Charter of Fundamental Rights of the European Union and as interpreted by the case law of the Court of Justice of the European Union1a . _________________ 1a CJEU, Joined cases C-293/12 and C- 594/12, Digital Rights Ireland Ltd and Seitlinger and Others, Judgment of the Court (Grand Chamber) of 8 April 2014. CJEU, Joined cases C-203/15 and C- 698/15, Tele2 Sverige AB v. Post-och telestyrelsen and Secretary of State for the Home Department v. Tom Watson and Others, Judgment of the Court (Grand Chamber) of 21 December 2016.
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 117 #
Proposal for a regulation
Recital 30
Recital 30
(30) Member States should refer to the Commission's Staff Working Document on Implementation of the Eurodac Regulation as regards the obligation to take fingerprints adopted by the Council on 20 July 201534 , which sets out a best practice approach toapply the guidelines to be established and monitored, jointly, by the European Union Agency for Asylum and the European Union Agency for Fundamental Rights (FRA) for a common practice taking fingerprints and facial images of irregular third-country nationals in compliance with the Charter of Fundamental Rights of the European Union, building upon the FRA's 2015 Checklist1a . Where a Member State's national law allows for the taking of fingerprints by force or coercion as a last resort, those measures must fully respect the EU Charter of Fundamental Rights. Third- country nationals who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image, except in duly justified circumstances that are permitted under national law. _________________ 34. _________________ 1a FRA Checklist to act in compliance with fundamental rights when obtaining fingerprints for Eurodac, 2015 http://fra.europa.eu/en/publication/2015/f undamental-rights-implications- obligation-provide-fingerprints- eurodac#checklist COM(2015) 150 final, 27.5.2015
Amendment 122 #
Proposal for a regulation
Recital 31
Recital 31
(31) Hits obtained from Eurodac should be verified by a trained fingerprint and facial identification expert in order to ensure the accurate determination of responsibility under Regulation (EU) No […/…] ; the exact identification of the third-country national or stateless person and the exact identification of the criminal suspect or victim of crime whose data might be stored in Eurodac. Hits obtained from Eurodac based on facial images should also be verified where there is doubt that the result relates to the same person.
Amendment 124 #
Proposal for a regulation
Recital 32
Recital 32
(32) The maximum period during which fingerprint and facial image data of third-country nationals or stateless persons who have requested international protection in one Member State may try to request internationalshould be kept by the Central System should be limited to what is strictly necessary and protecportion in another Member State for many years to come. Therefore, the maximum period during which fingerprint and facial image data should be kept by the Central System should be of considerable lengthate, in line with the principle of proportionality enshrined in Article 52(1) of the Charter and as interpreted by the case law of the CJEU. Given that most third-country nationals or stateless persons who have stayed in the Union for several years will have obtained a settled status or even citizenship of a Member State after that period, a period of tenfive years should be considered a reasonable period for the storage of fingerprint and facial image data.
Amendment 133 #
Proposal for a regulation
Recital 34
Recital 34
(34) The storage period should be shorter in certain special situations where there is no need to keep fingerprint and facial data and all other personal data for that length of time. Fingerprint and facial image data and all other personal data belonging to a third-country national should be erased immediately and permanently once third- country nationals or stateless persons obtain citizenship of a Member State.
Amendment 151 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) assist with the control of illegal immigration to and secondary movements within the Union and with the identification of illegally staying third- country nationals for determining the appropriate measures to be taken by Member States, including removal and repatriation of persons residing without authorisation, in accordance with the principles of necessity and proportionality provided for in Article 52(1) of the Charter and the relevant case law of the CJEU.
Amendment 156 #
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) lay down the conditions under which Member States' designated authorities and the European Police Office (Europol) may request the comparison of fingerprint and facial image data with those stored in the Central System for law enforcement purposes for the prevention, detection or investigation of terrorist offences or of other serious criminal offences , in accordance with the principles of necessity and proportionality provided for in Article 52(1) of the Charter and the relevant case law of the CJEU.
Amendment 161 #
Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(c a) facilitate family reunification and identify and protect child victims of trafficking in human beings. The personal data obtained from minors shall be exempted from the purposes set out in points (b) and (c). Special attention shall be given to the rights of unaccompanied minors.
Amendment 173 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1 a. The taking of fingerprints and the capturing of facial images of women and girls shall be carried out in a gender- sensitive manner by trained officials.
Amendment 174 #
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 and they shall be accompanied by a responsible adult, guardian or representative alegal guardian throughout 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 187 #
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Member States may introduce administrative sanctions, in accordance with their national law, for non-compliance with the fingerprinting process and capturing a facial image in accordance with paragraph 1 of this Article. These sanctions shall be effective, proportionate and dissuasive. In this context, detention should only be used as a means of last resort in order to determine or verify a third-country national's identity. In each individual case an assessment shall be made in order to determine whether all pre-conditions required to prevent arbitrary detention are fulfilled.
Amendment 194 #
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
5. The procedure for taking fingerprints and a facial image shall be determined and applied in accordance with the national practice of the Member State concernedestablished and monitored, jointly, by the European Union Agency for Asylum and FRA, building upon the FRA's 2015 Checklist1a and applied by the Member State concerned in full respect of human dignity and 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. _________________ 1a FRA Checklist to act in compliance with fundamental rights when obtaining fingerprints for Eurodac, 2015 http://fra.europa.eu/en/publication/2015/f undamental-rights-implications- obligation-provide-fingerprints- eurodac#checklist
Amendment 220 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
In such cases, the security measures, access control and logging activities at the testing environment shall be equal to the ones for the Eurodac production system. Real personal data adopted for testing shall be subject to stringent conditions and rendered anonymous in such a way that the data-subject is no longer identifiable. All personal data shall be directly and permanently erased from the testing environment after the testing purposes have been achieved or the tests have been completed.
Amendment 235 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2 a. For the purposes laid down in Article 1(1)(ca), Europol shall designate an operating unit in charge of missing children and child victims of trafficking in human beings. The designated authority shall be an operating unit of Europol competent to collect, store, process, analyse and exchange information to support and strengthen action by Member States in preventing, detecting or investigating child trafficking, labour or sexual exploitation.
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 #
'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 330 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. For the purposes laid down in Article 10(1), each set of data relating to an applicant for international protection , as referred to in Article 12, shall be stored in the Central System for tenfive years from the date on which the fingerprints were first taken.
Amendment 335 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. For the purposes laid down in Article 13(1), each set of data relating to a third-country national or stateless person as referred to in Article 13(2) shall be stored in the Central System for a period limited to the duration of a measure taken upon a specific individual with a maximum of five years from the date on which his or her fingerprints were first taken.
Amendment 341 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. For the purposes laid down in Article 14(1), each set of data relating to a third-country national or stateless person as referred to in Article 14(2) shall be stored in the Central System for a period limited to the duration of a measure taken upon a specific individual with a maximum of five years from the date on which his or her fingerprints were first taken.
Amendment 373 #
Proposal for a regulation
Article 21 – paragraph 1 – indent 2
Article 21 – paragraph 1 – indent 2
- the automated fingerprinting identification systems of all other Member States under Decision 2008/615/JHA where comparisons are technically available, unless there are reasonable grounds to believe that a comparison with such systems would not lead to the establishment of the identity of the data subject. Such reasonable grounds shall be included in the reasoned electronic request for comparison with Eurodac data sent by the designated authority to the verifying authority; and
Amendment 374 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Requests for comparison with Eurodac data shall be limited to what is strictly necessary and proportionate, and in any case to searching with fingerprint or facial image data.
Amendment 379 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Requests for comparison with Eurodac data shall be limited to what is strictly necessary and proportionate and in any case to comparisons of fingerprint and facial image data.
Amendment 395 #
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The result of the comparison of fingerprint datas and facial image carried out pursuant to Article 15 shall be immediately checked in the receiving Member State by a fingerprint and facial identification expert as defined in accordance with its national rules, specifically trained in the types of fingerprint and facial image comparisons provided for in this Regulation. For the purposes laid down in Article 1(1)(a) and (b) of this Regulation, final identification shall be made by the Member State of origin in cooperation with the other Member States concerned.
Amendment 407 #
Proposal for a regulation
Article 30 – paragraph 1 – point c
Article 30 – paragraph 1 – point c
(c) the recipients or categories of recipients of the data;
Amendment 424 #
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. For the purpose laid down in paragraph 3, the national supervisory authorities and the European Data Protection Supervisor shall meet at least twice a year. The costs and servicing of these meetings shall be for the account of the European Data Protection Supervisor. Rules of procedure shall be adopted at the first meeting. Further working methods shall be developed jointly as necessary. A joint report of activities, assessing the application of the data protection provisions of this Regulation, as well as the necessity and proportionality of access to Eurodac for law enforcement purposes, shall be sent to the European Parliament, the Council, the Commission and eu-LISA every two years.
Amendment 428 #
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 notunder no circumstances 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.] ].
Amendment 433 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. No information regarding the fact that an application for international protection has been made in a Member State shall be disclosed to any third- country for persons related to Article 10(1), particularly where that country is also the applicant's country of origin.
Amendment 439 #
Proposal for a regulation
Article 38 – paragraph 1 – point c
Article 38 – paragraph 1 – point c
(c) the Member State of origin which entered the data in the Central System has given its consent and the individual concerned has been informed that his or her personal information maywill be shared with the authorities of a specific third- country.
Amendment 442 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. No information regarding the fact that an application for international protection has been made in a Member State shall be disclosed to any third- country for persons related to Article 10(1), particularly where that country is also the applicant's country of origin.
Amendment 451 #
Proposal for a regulation
Article 42 – paragraph 5
Article 42 – paragraph 5
5. By […...] and every four years thereafter, the Commission shall produce an overall evaluation of Eurodac, together with a full data protection and privacy impact assessment, examining the results achieved against objectives and the impact on fundamental rights, including whether law enforcement access has led to indirect discrimination against persons covered by this Regulation, and assessing the continuing validity of the underlying rationale and any implications for future operations, and shall make any necessary recommendations. The Commission shall transmit the evaluation to the European Parliament and the Council.