The New EURODAC Regulation: Fingerprints as a Source of Informal Discrimination

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Abstract

The EURODAC Regulation establishes the database of the fingerprints of asylum seekers. In 2015, the new EURODAC Regulation came in force and some basic concepts that were not in the previous regulation have been changed. The article analyzes the responses to the new EURODAC Regulation from UNHCR and the Commission and the threats that this new regulation is creating. This article aims to find out whether the changes introduced in the new EURODAC will bring potential discrimination concerns and whether asylum seekers are treated as potential criminals and therefore causing stigmatization of those groups of people in society. The article gives an overview of the EURODAC database, fingerprinting and biometric systems, and comparison of old and new EURODAC regulation. The full assessment of the application of the regulation can be done after it has been in force for some time

References

  • Aas, K. F. (2006), “‘The body does not lie’: Identity, risk and trust in technoculture,” Crime Media Culture, vol. 2, pp. 143-158. http://dx.doi.org/10.1177/1741659006065401

  • Boehm, F. (2012a), ‘Data processing and law enforcement access to information systems at EU level,’ Datenschutz und Datensicherheit, vol. 36, no. 5, pp. 339-343. http://dx.doi.org/10.1007/s11623-012-0131-5

  • -- (2012b), Information Sharing and Data Protection in the Area of Freedom, Security and Justice: Towards Harmonised Data Protection Principles for Information Exchange at EU-level, Berlin & Heidelberg: Springer. http://dx.doi.org/10.1007/978-3-642-22392-1

  • Boehm, F. & Cole, M. D. (2014), Data Retention after the Judgement of the Court of Justice of the European Union. Retrieved from http://www.janalbrecht.eu/fileadmin/material/Dokumente/Boehm_Cole_-_Data_Retention_Study_-_June_2014.pdf [accessed 15 Mar 2015]

  • Council of the European Union (2000), Council Regulation (EC) No. 2725/2000 of 11 December 2000 concerning the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention, Official Journal of the European Union, L 316, 15.12.2000.

  • -- (2008a), Policy Plan on Asylum-An Integrated Approach to Protection Across the EU, COM(2008) final 360, 17.6.2008.

  • -- (2008b), Commission proposal for a Regulation of the European Parliament and of the Council concerning the establishment of EURODAC for the comparison of fingerprints for the effective application of Regulation (EC) No. […/…], COM(2008) 825, 3.12.2008.

  • -- (2009), Note of the Meijers Committee, on the amended proposal for the Eurodac Regulation (COM(2009) 342) and the Decision on requesting comparisons with Eurodac Data for law enforcement purposes, 30.12.2009.

  • -- (2012), Note by the Meijers Committee on the amended proposal for a Regulation on the establishment of EURODAC, COM(2012) 254, 10.10.2012.

  • -- (2013), Council Regulation No. 603/2013 of the European Parliament and of the Council of 26 June 2013 on the establishment of Eurodac for the comparison of fingerprints for the effective application of Council Regulation No. 604/2013, Official Journal of the European Union, L 180, 29.6.2013.

  • EDPS (2010), Opinion of the European Data Protection Supervisor on the amended proposal for a Regulation of the European Parliament and of the Council concerning the establishment of ‘Eurodac’ for the comparison of fingerprints, Official Journal of the European Union, C 92, 10.4.2010.

  • -- (2011), Opinion of the European Data Protection Supervisor on the Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions on migration, 7.7.2011.

  • -- (2012), Opinion of the European Data Protection Supervisor on the amended proposal for a Regulation of the European Parliament and of the Council on the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of Regulation (EU) No [603/2013] (Recast version), 5.9.2012.

  • EURODAC (2013), EU Regulation 603/2013 of the European Parliament and of the Council, of 26 June 2013, on the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of Regulation (EU) No. 604/2013 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 and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, and amending 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 (recast), Official Journal of the European Union, L 180, 29.6.2013, pp. 1-30.

  • Impact Asssessment (2009), Commission Staff Working Document Accompanying the amended proposal for a Regulation of the European Parliament and of the Council concerning the establishment of EURODAC and to the proposal for a Council decision on requesting comparisons with EURODAC data by Member States’ law enforcement authorities and Europol for law enforcement purposes, SEC(2009) 936, 10.9.2009.

  • Farraj, A. (2010-2011), ‘Refugees and the biometric future: the impact of biometrics on refugees and asylum seekers,’ Columbia Human Rights Law Review, vol. 42, no. 3, pp. 891-941.

  • Kindt, E. J. (2013), Privacy and Data Protection Issues of Biometric Application: A Comparative Legal Analysis, Dordrecht, etc.: Springer.

  • Liu, Y. (2008), ‘Identifying legal concerns in the biometric context,’ Journal of International Commercial Law and Technology, vol. 3, no. 1, pp. 45-54.

  • van der Ploeg, I. (1999), “The Illegal Body: ‘Eurodac’ and the Politics of Biometric Identification,” Ethics and Information Technology, vol. 1, no. 4, pp. 295-302. http://dx.doi.org/10.1023/A:1010064613240

  • Pugliese, J. (2013), ‘Technologies of Extraterritorialisation, Statist Visuality and Irregular Migrants and Refugees,’ Griffith Law Review, vol. 22, no. 3, pp. 571-597. http://dx.doi.org/10.1080/10383441.2013.10877013

  • Stefanou, C. & Xanthaki, H. (2008), Towards a European Criminal Record, Cambridge: Cambridge University Press. http://dx.doi.org/10.1017/CBO9780511495069

  • Thomas, R. (2005), ‘Biometrics, International Migrants and Human Rights,’ European Journal of Migration and Law, vol. 7, no. 4, pp. 377-411. http://dx.doi.org/10.1163/157181605776293255

  • UNHCR (2012), An efficient and protective Eurodac: UNHCR comments on the Commission’s amended proposal for a Regulation of the European Parliament and of the Council on the establishment of Eurodac for the comparison of fingerprints for the effective application of the Dublin regulation [...], (2012 November).

  • Retrieved from http://www.refworld.org/docid/50ad01b72.html [accessed 13 Mar 2015]

  • -- (2013), Moving forward on asylum in the EU: UNHCR’s Recommendations to Ireland for its EU Presidency January-June 2013. Retrieved from http://www.unhcr.org/50e40d9f6.html [accessed 13 Mar 2015]

Baltic Journal of European Studies

Tallinn Law School, Department of Law, School of Business and Governance, Tallinn University of Technology

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CiteScore 2016: 0.21

SCImago Journal Rank (SJR) 2016: 0.140

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