112 Amendments of Judith SARGENTINI related to 2016/0132(COD)
Amendment 67 #
Proposal for a regulation
Recital 5
Recital 5
(5) Biometrics constitute an important element in establishing the exact identity of such persons. It is necessary to set up a system for the comparison of their fingerprint anddata, facial image data or both.
Amendment 68 #
Proposal for a regulation
Recital 6
Recital 6
(6) To that end, it is necessary to set up a system known as 'Eurodac', consisting of a Central System, which will operate a computerised central database of fingerprint anddata, facial image data or both, as well as of the electronic means of transmission between the Member States and the Central System, hereinafter the "Communication Infrastructure".
Amendment 70 #
Proposal for a regulation
Recital 9
Recital 9
(9) In 2015, the refugee and migration crisis brought to the fore challenges faced by some Member States with taking fingerprints of illegally staying third- country nationals or stateless persons who attempted to avoid the procedures for determining the Member State responsible for examining an application for international protection. The Communication of the Commission of 13 May 2015, titled "A European Agenda on Migration"25 noted that "Member States must also implement fully the rules on taking migrants' fingerprints at the borders" and further proposed that "The Commission will also explore how more biometric identifiers can be used through the Eurodac system (such as using facial recognition techniques through digital photos)". _________________ 25 COM(2015) 240 final, 13.5.2015 COM(2015) 240 final, 13.5.2015
Amendment 71 #
Proposal for a regulation
Recital 10
Recital 10
(10) To assist Member States overcome challenges relating to non-compliance with the fingerprinting process, this Regulation also permits the comparison of a facial image without fingerprshould be implemented in accordance with the guidelintes as a last resort, where it is impossible to take the fingerprints of the third-country national or stateless person because his or her fingertips are damaged, either intentionally or not, or amputated. Member States should exhaust all attempts to ensure that fingerprints can be taken from the data-subject before a comparison using a facial image only can be carried out where non-compliance based on reasons not relating to the conditions of the individual's fingertips are given. Where facial images are used in combination with fingerprint data, it allows for the reduction of fingerprints registered while enabling the same result in terms of accuracy of the identification. established by the European Union Agency for Fundamental Rights in its Focus Paper "Fundamental rights implications of the obligation to provide fingerprints for Eurodac" of May 2015.1a _________________ 1a http://fra.europa.eu/sites/default/files/fra_ uploads/fra-2015-fingerprinting-focus- paper_en.pdf
Amendment 74 #
Proposal for a regulation
Recital 11
Recital 11
Amendment 80 #
Proposal for a regulation
Recital 12
Recital 12
Amendment 85 #
Proposal for a regulation
Recital 13
Recital 13
Amendment 100 #
Proposal for a regulation
Recital 20
Recital 20
(20) Since Eurodac was originally established to facilitate the application of the Dublin Convention, access to Eurodac for the purposes of preventing, detecting or investigating terrorist offences or other serious criminal offences constitutes a change of the original purpose of Eurodac, which interferes with the fundamental right to respect for the private life of individuals whose personal data are processed in Eurodac. In line with the requirements of Article 52(1) of the Charter of Fundamental Rights of the European Union, any such interference must be in accordance with the law, which must be formulated with sufficient precision to allow individuals to adjust their conduct and it must protect individuals against arbitrariness and indicate with sufficient clarity the scope of discretion conferred on the competent authorities and the manner of its exercise. Any interference must be necessary to genuinely meet an objective of generalin a democratic society to protect a legitimate and proportionate interest and proportionate to the legitimate objective it aims to achieve.
Amendment 105 #
Proposal for a regulation
Recital 24
Recital 24
(24) It is also necessary to require the Member States promptly to take and transmit the fingerprint data of every applicant for international protection and of every third-country national or stateless person who is apprehended in connection with the irregular crossing of an external border of a Member State or is found to be staying illegally in a Member State , if they are at least six years of age.
Amendment 107 #
Proposal for a regulation
Recital 25
Recital 25
(25) In view of strengthening the protection of all migrant and refugee children, including 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 until they reach the age of 18 to help establish their identity of a child and assist a Member State to trace any family or links they may have with another Member State. Fingerprint and facial image data should be taken for this explicit purpose, and should be processed and used accordingly. 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. Improved identification procedures for missing children will assist Member States in guaranteeing that adequate protection of children is ensured. To this end, Member States, upon identification of a missing child or of a child who is the victim of crime, should promptly contact the competent national child protection authorities and undertake a needs assessment with a view to finding a durable solution for the child in accordance with his or her best interests.
Amendment 110 #
Proposal for a regulation
Recital 26
Recital 26
(26) The best interests of the minorchild 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 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 thepurposes relating to the prevention, detection and investigation of child trafficking and for the protection of missing children.
Amendment 113 #
Proposal for a regulation
Recital 27
Recital 27
(27) It is necessary to lay down precise rules for the transmission of such fingerprint anddata, facial image data or both to the Central System, the recording of such fingerprint and facial image data and of other relevant personal data in the Central System, their storage, their comparison with other fingerprint anddata, facial image data or both, the transmission of the results of such comparison and the marking and erasure of the recorded data. Such rules may be different for, and should be specifically adapted to, the situation of different categories of third-country nationals or stateless persons.
Amendment 114 #
Proposal for a regulation
Recital 28
Recital 28
(28) Member States should ensure the transmission of fingerprint anddata, facial image data or both of an appropriate quality for the purpose of comparison by means of the computerised fingerprint and facial recognition system. All authorities with a right of access to Eurodac should invest in adequate training and in the necessary technological equipment. The authorities with a right of access to Eurodac should inform the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice established by Regulation (EU) No 1077/2011 of the European Parliament and of the Council33 ( "eu-LISA" ) of specific difficulties encountered with regard to the quality of data, in order to resolve them. _________________ 33 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 (OJ L 286, 1.11.2011, p. 1).
Amendment 116 #
Proposal for a regulation
Recital 29
Recital 29
(29) The fact that it is temporarily or permanently impossible to take and/or to transmit fingerprint anddata, facial image data or both, due to reasons such as insufficient quality of the data for appropriate comparison, technical problems, reasons linked to the protection of health or due to the data subject being unfit or unable to have his or her fingerprints or facial image taken owing to circumstances beyond his or her control, should not adversely affect the examination of or the decision on the application for international protection lodged by that person.
Amendment 118 #
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 to taking fingerprints of irregular third-country nationals. Furthermore, Member States should refer to the guidelines established by the European Union Agency for Fundamental Rights in its Focus Paper "Fundamental rights implications of the obligation to provide fingerprints for Eurodac" of May 2015.34a 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 COM(2015) 150 final, 27.5.2015 . _________________ 34 COM(2015) 150 final, 27.5.2015 34a http://fra.europa.eu/sites/default/files/fra_ uploads/fra-2015-fingerprinting-focus- paper_en.pdf
Amendment 126 #
Proposal for a regulation
Recital 32
Recital 32
(32) Third-country nationals or stateless persons who have requested international protection in one Member State may try to request international protection 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 length. 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 ten years should be considered a reasonable period for the storage of fingerprint anddata, facial image data or both.
Amendment 129 #
Proposal for a regulation
Recital 33
Recital 33
Amendment 132 #
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 anddata, facial data or both and all other personal data for that length of time. Fingerprint anddata, facial image data or both and all other personal data belonging to a third- country national should be erased immediately once third- country nationals or stateless persons obtain citizenship of a Member State or, in the case of children, as soon as they turn 18.
Amendment 139 #
Proposal for a regulation
Recital 46
Recital 46
(46) Since the objective of this Regulation, namely the creation of a system for the comparison of fingerprint anddata, facial image data or both to assist the implementation of Union asylum and migration policy, cannot, by its very nature, be sufficiently achieved by the Member States and can therefore be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 142 #
Proposal for a regulation
Recital 51
Recital 51
(51) In individual cases, information obtained from the Central System mayshould not be shared with a third-country in order to assist with the identification of a third- country national in relation to his/her return. Sharing of any personal data must be subject to strict conditions. Where such information is shared, no information shall be disclosed to a third-country relating to the fact that an application for international protection has been made by a third-country national where the country the individual is being readmitted to, is also the individual's country of origin or another third-country where they will be readmitted. Any transfer of data to a third-country for the identification of a third-country national must be in accordance with the provisions of Chapter V of Regulation (EU) No. […2016].
Amendment 147 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
Amendment 159 #
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 anddata, facial image data or both 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 .
Amendment 163 #
Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(c a) assist the Member States in protecting and identifying child victims of trafficking in human beings and in protecting and identifying missing children.
Amendment 165 #
Proposal for a regulation
Article 2 – title
Article 2 – title
Amendment 167 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Amendment 172 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1 a. Member States shall record children who have gone missing from reception facilities as missing persons in the SIS. Missing children identified by Member State authorities based on a hit pursuant to Article 26 shall be promptly referred to the competent national child protection authorities, which shall undertake a needs assessment with a view to finding a durable solution for the child in accordance with his or her best interests.
Amendment 177 #
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 and only for the purpose of points (a) and (ca) of Article 1(1). 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 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 183 #
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Member States mayshall not 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.
Amendment 188 #
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 ofWhere a minor, in particular an unaccompanied or separated minor, refuses to give their fingertipprints or a 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 tominor shall be referred to the national child protection authorities, the national referral mechanisms or both. A specific needs assessment with a view to finding a durable solution for the child in accordance with his or her best interests shall be undertaken by the national child protection authorities and /or, the other relevant national referral mechanisms or both.
Amendment 198 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) 'illegalrregular stay' means the presence on the territory of a Member State, of a third- country national who does not fulfill, or no longer fulfils the conditions of entry as set out in Article 5 of the Schengen Borders Code or other conditions for entry, stay or residence in that Member State;
Amendment 204 #
Proposal for a regulation
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) 'Eurodac data' means all data stored in the Central System in accordance with Article 12, Article 13(2) and Article 143(2) ;
Amendment 209 #
Proposal for a regulation
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) 'fingerprint data' means the data relating to plain and rolled impressions of the fingerprints of all ten fingers, where present , or at least the index fingers, or a latent fingerprint;
Amendment 215 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 228 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3
Article 7 – paragraph 2 – subparagraph 3
Only the verifying authority shall be authorised to forward requests for comparison of fingerprints and, facial images or both to the National Access Point.
Amendment 232 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes laid down in Article 1(1)(c), Europol shall designate a specialised unit with duly empowered Europol officials to act as its verifying authority, which shall act independently of the designated authority referred to in paragraph 2 of this Article when performing its tasks under this Regulation and shall not receive instructions from the designated authority as regards the outcome of the verification. The unit shall ensure that the conditions for requesting comparisons of fingerprints and, facial images or both with Eurodac data are fulfilled. Europol shall designate in agreement with any Member State the National Access Point of that Member State which shall communicate its requests for comparison of fingerprint anddata, facial image data or both to the Central System.
Amendment 238 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the number of data sets transmitted on persons referred to in Articles 10(1), 13(1) and 143(1);
Amendment 240 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) the number of hits for persons referred to in Article 10(1) who have subsequently lodged an application for international protection in another Member State , who were apprehended in connection with the irregular crossing of an external border and who were found illegally staying in a Member State ;
Amendment 241 #
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) the number of hits for persons referred to in Article 13(1) who have subsequently lodged an application for international protection who were apprehended in connection with the irregular crossing of an external border and who were found illegally staying in a Member State ;
Amendment 243 #
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 245 #
Proposal for a regulation
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(e) the number of fingerprint data, disaggregated according to the data subject's year of birth, which the Central System had to request more than once from the Member States of origin because the fingerprint data originally transmitted did not lend themselves to comparison using the computerised fingerprint recognition system;
Amendment 247 #
Proposal for a regulation
Article 9 – paragraph 1 – point g
Article 9 – paragraph 1 – point g
(g) the number of hits for persons referred to in Article 19(1) and (4) for whom hits have been recorded under points (b) , (c) and (d) of this Article;
Amendment 248 #
Proposal for a regulation
Article 9 – paragraph 1 – point j
Article 9 – paragraph 1 – point j
(j) the number and type of requests made for persons referred to in Article 31;
Amendment 249 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The monthly statistical data for persons referred to in paragraph1(a) to (h) shall be published and made public by each month. Disaggregated data specifying the age and sex of persons referred to in paragraph1(a) to (h) shall be included in the monthly statistical data. At the end of each year, the yearly statistical data for persons referred to in paragraph 1(a) to (h) shall be published and made public by eu- LISA . The statistics shall contain a breakdown of data for each Member State.
Amendment 255 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Each Member State shall promptly take the fingerprints of all fingers and capture a facial image of every applicant for international protection of at least six18 years of age and shall, as soon as possible and no later than 72 hours after the lodging of his or her application for international protection, as defined by Article [21(2)]of Regulation (EU) No , transmit them together with the data referred to in Article 12 (c) to (n) of this Regulation to the Central System.
Amendment 256 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 a (new)
Article 10 – paragraph 1 – subparagraph 1 a (new)
For the purpose of Article 1(1)(ca), each Member State shall promptly take the fingerprints of all fingers and capture a facial image of every child applicant for international protection of at least six years of age and shall, as soon as possible and no later than 72 hours after the lodging of his or her application for international protection, as defined by Article [21(2)] of Regulation (EU) XX/XXXX, transmit them together with the data referred to in points (c) to (n) of Article 12 of this Regulation to the Central System.
Amendment 258 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
By way of derogation from paragraph 1, where it is not possible to take the fingerprints and, facial image or both of an applicant for international protection on account of measures taken to ensure his or her health or the protection of public health, Member States shall take and send such fingerprints and, facial image or both as soon as possible and no later than 48 hours after those health grounds no longer prevail.
Amendment 260 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Fingerprint data may alsoshall be taken and transmitted by members of the European Border [and Coast] Guard Teams or by Member State asylum experts when performing tasks and exercising powers in accordance with [Regulation on the European Border [and Coast] Guard and repealing Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC] and [Regulation (EU) No. 439/2010]Member State asylum experts who have received specific training on fundamental rights, the right to asylum and on how to address the special needs of vulnerable migrants, including children.
Amendment 264 #
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) a facial image where the data subject is a minor;
Amendment 265 #
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) surname(s) and forename(s), name(s) at birth and previously used names and any aliases, which may be entered separately;
Amendment 266 #
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
Amendment 268 #
Proposal for a regulation
Article 12 – paragraph 1 – point e
Article 12 – paragraph 1 – point e
Amendment 270 #
Proposal for a regulation
Article 12 – paragraph 1 – point h
Article 12 – paragraph 1 – point h
Amendment 276 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Each Member State shall promptly take the fingerprints of all fingers and capture a facial image of every third- country national or stateless person of at least six18 years of age who is apprehended by the competent control authorities in connection with the irregular crossing by land, sea or air of the border of that Member State having come from a third country and who is not turned back or who remains physically on the territory of the Member States and who is not kept in custody, confinement or detention during the entirety of the period between apprehension and removal on the basis of the decision to turn him or her back.
Amendment 277 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. For the purpose of Article 1(1)(ca), each Member State shall promptly take the fingerprints of all fingers and capture a facial image of every third-country national child of at least six years of age who is apprehended by the competent control authorities in connection with the irregular crossing by land, sea or air of the border of that Member State having come from a third country and who remains physically on the territory of the Member States.
Amendment 278 #
Proposal for a regulation
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) a facial image where the data subject is a minor;
Amendment 279 #
Proposal for a regulation
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
(c) surname(s) and forename(s), name(s) at birth and previously used names and any aliases, which may be entered separately;
Amendment 280 #
Proposal for a regulation
Article 13 – paragraph 2 – point d
Article 13 – paragraph 2 – point d
Amendment 282 #
Proposal for a regulation
Article 13 – paragraph 2 – point e
Article 13 – paragraph 2 – point e
Amendment 284 #
Proposal for a regulation
Article 13 – paragraph 2 – point h
Article 13 – paragraph 2 – point h
Amendment 286 #
Proposal for a regulation
Article 13 – paragraph 2 – point m
Article 13 – paragraph 2 – point m
Amendment 287 #
Proposal for a regulation
Article 13 – paragraph 5 – subparagraph 1
Article 13 – paragraph 5 – subparagraph 1
By way of derogation from paragraph 1, where it is not possible to take the fingerprints and, facial image or both of the apprehended person on account of measures taken to ensure his or her health or the protection of public health, the Member State concerned shall take and send such fingerprints and, facial image or both as soon as possible and no later than 48 hours after those health grounds no longer prevail.
Amendment 288 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. As soon as the responsible Member State of origin ensures that the person concerned whose data was recorded in Eurodac in accordance with paragraph (1) has been granted a residence permit or has left the territory of the Member States in compliance with a return decision or removal order, it shall updaterase its data set recorded in conformity with paragraph (2) relating to the person concerned by adding the date of his or her removal or when he or she left the territory.
Amendment 289 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. Fingerprint data may alsoshall be taken and transmitted by mMembers of the European Border [and Coast] Guard Teams when performing tasks and exercising powers in accordance with [Regulation on the European Border [and Coast] Guard and repealing Regulation (EC) No 2007/2004, Regulation (EC) No 863/2007 and Council Decision 2005/267/EC] State asylum experts who have received specific training on fundamental rights, the right to asylum and on how to address the special needs of vulnerable migrants, including children.
Amendment 291 #
Proposal for a regulation
Chapter 4 – title
Chapter 4 – title
Amendment 293 #
Proposal for a regulation
Article 14
Article 14
Amendment 305 #
Proposal for a regulation
Chapter 5 – title
Chapter 5 – title
PROCEDURE FOR COMPARISON OF DATA FOR APPLICANTS FOR INTERNATIONAL PROTECTION AND THIRD-COUNTRY NATIONALS APPREHENDED CROSSING THE BORDER IRREGULARLY OR ILLEGALLY STAYING IN THE TERRITORY OF A MEMBER STATE
Amendment 309 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Fingerprint and, as a last resort, facial image data transmitted by any Member State, with the exception of those transmitted in accordance with Article 11(b) and (c) , shall be compared automatically with the fingerprint data transmitted by other Member States and already stored in the Central System in accordance with Article 10(1), 13(1) and 14 and Article 13(1) .
Amendment 311 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Central System shall ensure, at the request of a Member State, that the comparison referred to in paragraph 1 of this Article covers the fingerprint anddata, facial image data or both previously transmitted by that Member State, in addition to the fingerprint anddata, facial image data or both from other Member States.
Amendment 312 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The Central System shall automatically transmit the hit or the negative result of the comparison to the Member State of origin following the procedures set out in Article 26(4) . Where there is a hit, it shall transmit for all data sets corresponding to the hit the data referred to in Article 12, 13(2) and 14 and Article 13(2) along with, where appropriate, the mark referred to in Article 19(1) and (4) . Where a negative hit result is received, the data referred to in Article 12, 13(2) and 14 and Article 13(2) shall not be transmitted.
Amendment 316 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Where evidence of a hit is received by a Member State from Eurodac that can assist that Member State to carry out its obligations under Article 1(1)(ca) and Article 1(1)(a), that evidence shall take precedence over any other hit received.
Amendment 318 #
Proposal for a regulation
Article 16 – title
Article 16 – title
Comparison of facial image data of minors
Amendment 320 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
(1) Where the condition of the fingertips does not allow for the taking of fingerprints of a quality ensuring appropriate comparison under Article 26 or where a person referred to in Article 10(1), 13(1) and 14(1) refuses to comply with the fingerprinting process, a Member State may carry out a comparison of facial image data of minors as a last resort.
Amendment 322 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
(2) Facial image data and data relating to the sex of the data-subject may be compared automatically with the facial image data and personal data relating to the sex of the data-subject transmitted by other Member States and already stored in the Central System in accordance with Article 10(1), 130(1) anda), 143(1) with the exception of those transmitted in accordance with Article 11(b) and (cand 13(1a).
Amendment 325 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
(4) The Central System shall automatically transmit the hit or the negative result of the comparison to the Member State of origin following the procedures set out in Article 26(45). Where there is a hit, it shall transmit for all data sets corresponding to the hit the data referred to in Article 12, 13(2) and 14 and Article 13(2) along with, where appropriate, the mark referred to in Article 179(1) and (4). Where a negative hit result is received, the data referred to in Article 12, 13(2) and 14(2) shall not be transmitted.
Amendment 328 #
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
(5) Where evidence of a hit is received by a Member State from Eurodac that can assist that Member State to carry out its obligations under Article 1(1)(a) or (ca), that evidence shall take precedence over any other hit received.
Amendment 334 #
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 fivone years from the date on which his or her fingerprints were takenf the first fingerprinting processed by a Member State, or, where an entry ban against that third-country national or stateless person has been issued, for the duration of the entry ban starting from the date of the first fingerprinting processed by a Member State, up to a maximum of five years.
Amendment 339 #
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. For the purposes laid down in Article 10(1a) and Article 13(1a), each set of data relating to minors shall be stored in the Central System for five years from the date of the first fingerprinting processed by a Member State.
Amendment 340 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 345 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Upon expiry of the data storage periods referred to in paragraphs 1 to 32a of this Article , the Central System shall automatically erase the data of the data- subjects from the Central System.
Amendment 349 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Data relating to a person who has acquired citizenship of any Member State before expiry of the period referred to in Article 17(1) , (2) or (32a) shall be erased from the Central System in accordance with Article 28(4) as soon as the Member State of origin becomes aware that the person concerned has acquired such citizenship.
Amendment 350 #
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. Data relating to a person who has reached the age of 18 before expiry of the period referred to in Article 17(2a) shall be erased from the Central System in accordance with Article 28(4) as soon as the Member State of origin becomes aware that the person concerned has reached the age of 18.
Amendment 352 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Central System shall, as soon as possible and no later than after 72 hours, inform all Member States of origin of the erasure of data in accordance with paragraphs 1 and 1a by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Article 10(1), 13(1) or 14(1) .
Amendment 353 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. For the purposes laid down in Article 1(1)(a), the Member State of origin which granted international protection to an applicant for international protection whose data were previously recorded in the Central System pursuant to Article 12 shall mark the relevant data in conformity with the requirements for electronic communication with the Central System established by eu-LISA . That mark shall be stored in the Central System in accordance with Article 17(1) for the purpose of transmission under Article 15 . The Central System shall , as soon as possible and no later than 72 hours, inform all Member States of origin of the marking of data by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Article 10(1), 13(1) or 143(1) . Those Member States of origin shall also mark the corresponding data sets.
Amendment 362 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
Amendment 363 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
Amendment 366 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. For the purposes laid down in Article 1(1)(c), the designated authorities referred to in Articles 6(1) and 8(2) may submit a reasoned electronic request as provided for in Article 21(1) together with the reference number used by them, to the verifying authority for the transmission for comparison of fingerprint anddata, facial image data or both to the Central System via the National Access Point. Upon receipt of such a request, the verifying authority shall verify whether all the conditions for requesting a comparison referred to in Articles 21 or 22, as appropriate, are fulfilled.
Amendment 368 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Where all the conditions for requesting a comparison referred to in Articles 21 or 22 are fulfilled, the verifying authority shall transmit the request for comparison to the National Access Point which will process it to the Central System in accordance with Articles 15 and 16 for the purpose of comparison with the fingerprint anddata, facial image data or both transmitted to the Central System pursuant to Articles 10(1), 13 (1) and 14(1) .
Amendment 376 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Requests for comparison with Eurodac data shall be limited to searching with fingerprint ordata, facial image data or both.
Amendment 381 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Requests for comparison with Eurodac data shall be limited to comparisons of fingerprint anddata, facial image data or both.
Amendment 383 #
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) fingerprints and, facial images or both are taken lawfully;
Amendment 385 #
Proposal for a regulation
Article 24 – paragraph 1 – point e
Article 24 – paragraph 1 – point e
(e) the results of fingerprint anddata comparisons, the facial image data comparisons or both transmitted by the Central System are lawfully processed.
Amendment 387 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Member States shall transmit the data referred to in Article 12, Article 13(2) and Article 143(2) electronically. The data referred to in Article 12, Article 13(2) and Article 143(2) shall be automatically recorded in the Central System. As far as necessary for the efficient operation of the Central System, eu-LISA shall establish the technical requirements to ensure that data can be properly electronically transmitted from the Member States to the Central System and vice versa.
Amendment 390 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The reference number referred to in Articles 12(i), 13(2)(i), 14 (2)(i) and 20(1) shall make it possible to relate data unambiguously to one particular person and to the Member State which is transmitting the data. In addition, it shall make it possible to tell whether such data relate to a person referred to in Article 10(1), 13(1) or and Article 143(1).
Amendment 392 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The reference number shall begin with the identification letter or letters by which the Member State transmitting the data is identified. The identification letter or letters shall be followed by the identification of the category of person or request. "1" refers to data relating to persons referred to in Article 10(1), "2" to persons referred to in Article 13(1), "3" to persons referred to in Article 14(1), "4" to requests referred to in Article 21, "5" to requests referred to in Article 22 and "9" to requests referred to in Article 30.
Amendment 393 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shall ensure the transmission of fingerprint data of an appropriate quality for the purpose of comparison by means of the computerised fingerprint and facial recognition system. As far as necessary to ensure that the results of the comparison by the Central System reach a very high level of accuracy, eu-LISA shall define the appropriate quality of transmitted fingerprint data. The Central System shall, as soon as possible, check the quality of the fingerprint anddata or facial image data transmitted. If fingerprint or facial image data do not lend themselves to comparison using the computerised fingerprint and facial recognition system, the Central System shall inform the Member State concerned. That Member State shall then transmit fingerprint or facial image data of the appropriate quality using the same reference number as the previous set of fingerprint or facial image data.
Amendment 396 #
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The result of the comparison of fingerprint data carried out pursuant to Article 15 shall be immediately checked in the receiving Member State by a fingerprint expert as defined in accordance with its national rules, specifically trained in the types of fingerprint comparisons provided for in this Regulation. For the purposes laid down in Article 1(1)(a) and (bArticle 1(1)(ca) of this Regulation, final identification shall be made by the Member State of origin in cooperation with the other Member States concerned.
Amendment 399 #
Proposal for a regulation
Article 26 – paragraph 5 – subparagraph 1
Article 26 – paragraph 5 – subparagraph 1
The result of the comparison of facial image data carried out pursuant to Article 16 shall be immediately checked and verified in the receiving Member State. For the purposes laid down in Article 1(1)(a) and (bArticle 1(1)(ca) of this Regulation, final identification shall be made by the Member State of origin in cooperation with the other Member States concerned.
Amendment 402 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Only the Member State of origin shall have the right to amend the data which it has transmitted to the Central System by correcting or supplementing such data, or to erase them, without prejudice to erasure carried out in pursuance of Articles 18 and 13.
Amendment 405 #
Proposal for a regulation
Article 30 – paragraph 1 – introductory part
Article 30 – paragraph 1 – introductory part
1. A person covered by Article 10(1), Article 13(1) or Article 143(1) shall be informed by the Member State of origin in writing, and where necessary, orally, in a language that he or she understands or is reasonably supposed to understand in a concise, transparent, intelligible and easily accessible form, using clear and plain language , of the following:
Amendment 411 #
Proposal for a regulation
Article 30 – paragraph 1 – point d
Article 30 – paragraph 1 – point d
(d) in relation to a person covered by Article 10(1) or 13(1) or 14(1) , the obligation to have his or her fingerprints taken;
Amendment 412 #
Proposal for a regulation
Article 30 – paragraph 1 – point f
Article 30 – paragraph 1 – point f
(f) the existence of the right to object to the processing of personal data, to request from the controller access to data relating to him or her, and the right to request that inaccurate data relating to him or her be rectified and the completion of incomplete personal data or that unlawfully processed personal data concerning him or her be erased or restricted, as well as the right to receive information on the procedures for exercising those rights including the contact details of the controller and the supervisory authorities referred to in Article 32(1);
Amendment 415 #
Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 1
Article 30 – paragraph 2 – subparagraph 1
In relation to a person covered by Article 10(1) or 13(1) and 14(1) , the information referred to in paragraph 1 of this Article shall be provided at the time when his or her fingerprints are taken.
Amendment 418 #
Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 2
Article 30 – paragraph 2 – subparagraph 2
Where a person covered by Article 10(1), Article 13(1) and Article 143(1) is a minor, Member States shall provide the information in an age-appropriate manner.
Amendment 420 #
Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 3
Article 30 – paragraph 3 – subparagraph 3
The leaflet shall be established in such a manner as to enable Member States to complete it with additional Member State- specific information. This Member State- specific information shall include at least the rights of the data subject, the possibility of informationassistance by the national supervisory authorities, as well as the contact details of the office of the controller and of the data protection officer, and the national supervisory authorities.
Amendment 425 #
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. Member States shall inform eu- LISA of security incidents detected on their systems without prejudice to the notification and communication of a personal data breach pursuant to [Articles 313 and 324] of Regulation (EU) No […/2016] respectively [Articles 28 and 29] 679/2016. In particular, data subjects shall be notified by eu-LISA without undue delay when a security incident is likely to result in a high risk to their rights and freedoms. eu-LISA shall inform the Member States, Europol and the European Data Protection Supervisor in case of security incidents. The Member States concerned, eu-LISA and Europol shall collaborate during a security incident.
Amendment 426 #
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 Regulation (EU) 679/2016 and [Article […]...]2(b) of Directive [2016/../EU] (EU) 2016/680].
Amendment 429 #
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Personal data which originated in a Member State and are exchanged between Member States following a hit obtained for the purposes laid down in Article 1(1)(c) shall not be transferred to third countries, including if there is a real risk that as a result of such transfer the data subject may be subjected to torture, inhuman and degrading treatment or punishment or any other violation of his or her fundamental rights.
Amendment 431 #
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 435 #
Proposal for a regulation
Article 38
Article 38
Amendment 446 #
Proposal for a regulation
Article 40 – paragraph 3 – introductory part
Article 40 – paragraph 3 – introductory part
3. Claims for compensation against a Member State for the damage referred to in paragraphs 1 and 2 shall be governed by the provisions of national law of the defendant Member State in accordance with Articles [75 and 76]Chapter VIII of Regulation (EU) […/2016/679] and Articles [52 and 53] of Directive [2016/… /EU] Chapter VIII of Directive [(EU) 2016/680] on remedies, liabilities and penalties.
Amendment 449 #
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. By [2020] eu-LISA shall conduct a study on the technical feasibility and added value of adding facial recognition software to the Central System for the purposes of comparing facial images of minors. The study shall evaluate the reliability and accuracy of the results produced from facial recognition software for the purposes of EURODAC and shall make any necessary recommendations prior to the introduction of the facial recognition technology to the Central System. The study shall also carry out an impact assessment of the possible risks for the rights of privacy and human dignity, the rights of the child, as well as non- discrimination, of using facial recognition software. The study shall take into account the views of other Union agencies, the European Data Protection Supervisor, relevant actors as well as academics.
Amendment 454 #
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
Articles 2(2), 32, 32 and, for the purposes referred to in Article 1(1)(a) and (b), Articles 28(4), 30 and 37 shall apply from the date referred to in Article 91(2) of Regulation (EU) […/2016]. Until this date Articles 2(2), 27(4), 29, 30 and 35 of Regulation 603/2013 shall apply.