Press Release: Law enforcement access to EURODAC: EDPS expresses serious doubts about the legitimacy and necessity of proposed measures

On 7 October 2009 the European Data Protection Supervisor (EDPS) adopted an opinion on two Commission proposals aiming at providing the basis for the right of law enforcement authorities to have access to EURODAC under specific conditions. These two proposals, adopted on 10 September 2009, allow access to the EURODAC system – which is meant to facilitate the application of the Dublin Regulation by comparing fingerprints of asylum seekers and illegal immigrants - for the prevention, detection and investigation of terrorist offences and other serious offences under the conditions set out in the proposals.

The EDPS analysed the proposals in the light of their legitimacy, while taking as a starting point the need to strike a right balance between the need for public security and the fundamental right to privacy and data protection, in compliance with Article 8 of the European Convention on Human Rights (ECHR). The analysis led to the conclusion that the necessity and proportionality of the proposals, which are both crucial elements to legitimate privacy intrusion, have not been demonstrated. As a result, the EDPS expressed serious doubts over whether the proposals are legitimate and whether legislative instruments should be adopted on this basis.