Activities of Baroness Sarah LUDFORD related to 2008/0242(COD)

Proposal for a regulation
Recital 8 a (new)

(8a) The powers granted to law enforcement authorities to access EURODAC should be without prejudice to the right of the applicants for international protection to have his or her application processed in due course according to the relevant legislation. Furthermore, obtaining a 'hit' from EURODAC and a subsequent procedure according to Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union1 should also be without prejudice to this right and should not be grounds for slowing down the process of examining the applicant's claim to asylum. ______________ 1 OJ L 386, 29.12.2006, p. 89.

2012/11/12
Committee: LIBE

Proposal for a regulation
Recital 21

(21) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data21 applies to the processing of personal data by Union institutions, bodies, offices and agencies carried out in application of this Regulation. However, certain points should be clarified in respect of the responsibility for the processing of data and of the supervision of data protection, bearing in mind that data protection is a key factor in the successful operation of Eurodac and that data security, high technical quality and lawfulness of consultation are essential to ensure the smooth and proper functioning not only of Eurodac but of the whole Dublin system.

2010/12/10
Committee: LIBE

Proposal for a regulation
Article 3 – paragraph 5

5. The procedure for taking fingerprints shall be determined and applied in accordance with the national practice of the Member State concerned 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 and with regard to the fact that the best interests of children shall be the primary consideration of Member States in the application of this Regulation.

2010/12/10
Committee: LIBE

Proposal for a regulation
Recital 12

(12) Even though the original purpose for the establishment of EURODAC did not require the facility of requesting comparisons of data with the database on the basis of a latent which is the dactyloscopic trace which may be found at a crime scene, such a facility is a fundamental one in the field of police cooperation. The possibility to compare a latent with the fingerprint data which is stored in EURODAC in cases where there are reasonable grounds for believing that the perpetrator or victim may fall into one of the categories covered by this Regulation will provide the designated authorities of the Member States with a very valuable tool in preventing, detecting and investigating terrorist offences and other serious criminal offences, when for example the only evidence available at a crime scene are latents.

2012/11/12
Committee: LIBE

Proposal for a regulation
Recital 16 a (new)

(16a) A temporary or permanent impossibility to provide fingerprints on the part of the applicant for international protection ('failure to enrol') should not adversely affect the legal situation of the individual.

2012/11/12
Committee: LIBE

Proposal for a regulation
Recital 25

(25) Requests for comparison with data stored in the EURODAC central database shall be made by the operating units within the designated authorities to the National Access Point, through the verifying authority and shall be reasoned. The operating units within the designated authorities that are authorised to request comparisons with EURODAC data shall not act as a verifying authority. The verifying authorities should be independent of the designated authorities and responsible for ensuring strict compliance with the conditions for access as established in this Regulation. The verifying authorities should then forward the request for comparison through the National Access Point to the EURODAC Central System following verification of whether all conditions for access are fulfilled. In the exceptional case of urgency where early access is necessary to respond to a specific and actual threat related to terrorist offences or serious crime, the verifying authority should process the request immediately and only do the verification afterwards.

2012/11/12
Committee: LIBE

Proposal for a regulation
Recital 26

(26) For the purposes of protection of personal data, and to exclude systematic comparisons which should be forbidden, the processing of EURODAC data should only take place on a case-by-case basis and when it is necessary for the purposes of preventing, detecting and investigating terrorist offences and other serious criminal offences. In addition access should only be allowed when comparisons with the national databases of the Member State ~~and~~, with the Automated Fingerprint Databases of other Member States under the Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross- border cooperation, particularly in combating terrorism and cross-border crime have returned negative results. This condition requires prior implementation of ~~the~~ Council Decision 2008/615/JHA as it shall not be permitted to conduct a EURODAC check for law enforcement purposes where these above steps have not been first undertaken. Designated authorities should also be encouraged to consult the Visa Information System under Council Decision 2008/633/JHA of 23 June 2008 concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences1 where appropriate prior to consulting EURODAC. A specific case exists in particular when the request for comparison is connected to a specific and concrete situation or to a specific and concrete danger associated with a terrorist or other serious criminal offence, or to specific persons in respect of whom there are serious grounds for believing that the persons will commit or have committed terrorist offences or other serious criminal offences. A specific case also exists when the request for comparison is connected to a person who is a victim of a terrorist or other serious criminal offence. The designated authorities and Europol should thus only request a comparison with EURODAC when they have reasonable grounds to believe that such a comparison will provide information that will substantially assist them in preventing, detecting or investigating a terrorist or other serious criminal offence. ___________________ 1 OJ L 218, 13.8.2008, p. 129.

2012/11/12
Committee: LIBE

Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 4

A common leaflet, drafted in clear, simple and understandable language, containing at least the information referred to in paragraph 1 of this Article and the information referred to in Article 4(1) of the Dublin Regulation shall be drawn up in accordance with the procedure referred to in Article 40(2) of the Dublin Regulation.

2010/12/10
Committee: LIBE

Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 5

Where a person covered by this Regulation is a minor, Member States shall provide the information in an age-appropriate manner. The best interests of children shall be the primary consideration of Member States when implementing this Article.

2010/12/10
Committee: LIBE

(33) Transfers of data obtained pursuant to this Decision to third countries or international organisations or private entities should be prohibited, in order to ensure the right to asylum and to safeguard applicants for international protection from having their data disclosed to any third country. This prohibition shall be without prejudice to the right of Member States to transfer such data to third countries to which 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] applies, in order to ensure that Member States have the possibility of cooperating with such third countries for the purposes of this Regulation. The prohibition of transfer to third countries should cover both EURODAC data obtained under this Regulation and personal data exchanged bilaterally subsequent to a EURODAC search which are stored or processed at national level.

2012/11/12
Committee: LIBE

(35a) The data subject should be informed of the purpose for which his or her data will be processed within EURODAC, including a description of the aims of the Dublin Regulation and the use to which law enforcement authorities may put his or her data.

2012/11/12
Committee: LIBE

Proposal for a regulation
Recital 37

(37) It is appropriate to monitor and evaluate the performance of EURODAC at regular intervals, including whether law enforcement access has led to the stigmatisation of applicants for international protection as raised in the Commission's evaluation of the compliance of the proposal with the Charter of Fundamental Rights.

2012/11/12
Committee: LIBE

Baroness Sarah LUDFORD, Renate WEBER, Ska KELLER

Proposal for a regulation
Article 4 – paragraph 1

1. The Agency, shall be responsible for the operational management of EURODAC. The Agency shall ensure, in cooperation with the Member States, that at all times the best available techn~~ology~~iques, subject to a cost-benefit analysis, is used for the Central System.

2012/11/12
Committee: LIBE

1. For the purposes laid down in Article 1(2), Member States shall designate the authorities which are authorised to access EURODAC data pursuant to this Regulation. Designated authorities shall be authorities of the Member States which are responsible for the prevention, detection or investigation of terrorist offences and other serious criminal offences. Designated authorities shall not include agencies or units responsible for intelligence relating to national security.

2012/11/12
Committee: LIBE

Renate WEBER, Baroness Sarah LUDFORD

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2 a (new)

Only duly empowered staff of the verifying authority shall be authorised to access EURODAC in accordance with Article 19.

2012/11/12
Committee: LIBE

Proposal for a regulation
Article 6 – paragraph 2 a (new)

2a. The verifying authority shall perform its duties and tasks independently and shall not receive instructions as regards the exercise of the verification.

2012/11/12
Committee: LIBE

Renate WEBER, Baroness Sarah LUDFORD

2a. The verifying authority shall perform its duties and tasks independently and shall not receive instructions as regards the exercise of the verification.

2012/11/12
Committee: LIBE

Proposal for a regulation
Article 17 – paragraph 4 a (new)

4a. Once the results of the comparison have been transmitted to the Member State of origin, the Central Unit shall immediately: (a) erase the fingerprint data and other data transmitted to it pursuant to paragraph 1; and (b) destroy the media used by the Member State of origin for transmitting the data to the Central System, unless the Member State of origin has requested their return.

2012/11/12
Committee: LIBE

~~1. The Member State of origin which granted international protection~~Article 18 Article 18 Marking of data Blocking of data 1. Data relating to an applicant for international protection wh~~ose data were previously~~ich have been recorded pursuant to Article 11 in the Central System shall mark the relevant data in conformity with the requirements for electronic communication with the Central System established by the Agency. This mark shall be stored in the Central System in accordance with Article 12 for the purpose of transmission under Article 9(5). 2. The Member State of origin shall unmark data concerning a third country national or statelessshall be blocked in the central database if that person is granted international protection in a Member State. Such blocking shall be carried out by the Central System on the instructions of the Member State of origin. 2. Hits concerning persons who~~se data were previously marked in accordance with paragraph 1 if his or h~~ have been granted international protection in a Member sStat~~us is revoked or ended or renewal of his status is refused under Article 14 or 19 of Council Directive 2004/83/EC~~e shall not be transmitted. The Central System shall return a negative result to the requesting Member State.

2012/11/12
Committee: LIBE

Baroness Sarah LUDFORD, Renate WEBER, Ska KELLER

Proposal for a regulation
Article 19 – paragraph 1

1. The designated authorities referred to in Article 5(1) and Europol may submit a reasoned electronic request as provided for in Article 20(1) to the verifying authority for the transmission for comparison of fingerprint data to the EURODAC Central System via the National Access Point. Upon receipt of such a request, the verifying authority shall verify whether the conditions for requesting a comparison referred to in Article 20 or Article 21, as appropriate, are fulfilled.

2012/11/12
Committee: LIBE

Proposal for a regulation
Article 19 – paragraph 3

3. In exceptional cases of urgency of the need to prevent an imminent danger associated with serious criminal or terrorist offences, the verifying authority may transmit the fingerprint data to the National Access Point for comparison immediately upon receipt of a request by a designated authority and only verify ex- post whether all the conditions of Article 20 or Article 21 are fulfilled, including whether an exceptional case of urgency actually existed. The ex-post verification shall take place without undue delay after the processing of the request.

2012/11/12
Committee: LIBE

Proposal for a regulation
Article 19 – paragraph 4 a (new)

4a. The Commission shall publish an indicative, non-binding model EURODAC request form for use under Article 19, and which correctly reflects the criteria set out in Article 20(1).

2012/11/12
Committee: LIBE

Baroness Sarah LUDFORD, Renate WEBER, Ska KELLER

Proposal for a regulation
Article 20 – paragraph 1 – introductory part

1. Designated authorities may submit a reasoned electronic request for the comparison of fingerprint data with those stored in the EURODAC central database within the scope of their powers only if comparisons of national fingerprint databases and of the Automated Fingerprint Databases of other Member States under Decision 2008/615/JHA return negative results and where:

2012/11/12
Committee: LIBE

(c) there is an overriding public security concern which makes proportionate the querying of a database registering persons with a clean criminal record, and there are reasonable grounds to consider that such comparison with EURODAC data will substantially contribute to the prevention, detection or investigation of any of the criminal offences in question.

2012/11/12
Committee: LIBE

Proposal for a regulation
Article 20 – paragraph 1 – point c a (new)

(ca) there is a substantiated suspicion that the perpetrator or victim of the offence falls in a category covered by this Regulation.

2012/11/12
Committee: LIBE

Proposal for a regulation
Article 32 – paragraph 1 a (new)

1a. The National Supervisory Authority shall ensure that every year an audit of the processing of personal data according to Article 1(2) is carried out, including an analysis of all reasoned electronic requests. The audit shall be attached to the Member State annual report referred to in Article 40(8).

2012/11/12
Committee: LIBE

Proposal for a regulation
Article 32 – paragraph 2 a (new)

2a. Both the national and European supervisory authorities shall be provided with sufficient financial and personal resources to be able to supervise the use and access to Eurodac data adequately.

2012/11/12
Committee: LIBE

Proposal for a regulation
Article 33 – paragraph 4

4. Personal data, as well as the record of the search, obtained by a Member State or Europol pursuant to this Regulation from EURODAC shall be erased in national and Europol files after a period of one month, if the data are not required for athe purposes of the specific ongoing criminal investigation for which the data has been requested by that Member State, or Europol.

2012/11/12
Committee: LIBE

Proposal for a regulation
Article 35

Personal data obtained by a Member State or Europol pursuant to this Regulation from the EURODAC central database shall not be transferred or made available to any third country or international organisation or a private entity established in or outside the European Union. This prohibition shall be without prejudice to the right of Member States to transfer such data to third countries to which the Dublin Regulation applies. Personal data obtained by a Member State or Europol and processed further in national databases shall not be transferred or made available to any third country or international organisation or a private entity established in or outside the European Union.

2012/11/12
Committee: LIBE

Proposal for a regulation
Article 40 – paragraph 5

5. Three years after the start of application of this Regulation as provided for in Article 46(2) and every four years thereafter, the Commission shall produce an overall evaluation of EURODAC, examining results achieved against objectives and assessing the continuing validity of the underlying rationale, including whether law enforcement access has led to the stigmatisation of applicants for international protection, and any implications for future operations, as well as make any necessary recommendations. The Commission shall transmit the evaluation to the European Parliament and the Council.

2012/11/12
Committee: LIBE