CM0714

Proposal to give law enforcement authorities access to Eurodac

We appreciate the openness of the Commission and the insight you gave in the intended legislative measures developed so far.
However, we still have serious concerns as to the legality and the usefulness of this possible proposal. There are five core arguments why the intended proposal in our view would be unlawful: firstly, access to Eurodac data for law enforcement authorities would be irreconcilable with the present purpose limitation of the Eurodac regulation, secondly, there is no legal basis in EC law for extending the use of Eurodac with security purposes. Thirdly, such an extension is incompatible with basic principles of European law, international standards, and constitutional law of the Member States,
the observance of which the Court of Justice ensures. Fourthly, data protection authorities lack sufficient means to protect the rights of asylum seekers and fifthly, the proposal will affect the integrity of Eurodac

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Published on
6 November 2007

asylum law
criminal law
migration law
non-discrimination
privacy

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