FantasticSearch

Conditions for access to Eurodac by designated authorities

1. For law enforcement purposes, designated authorities may submit a reasoned electronic request for the comparison of biometric or alphanumeric data with the data stored in Eurodac within the scope of their powers only where all of the following conditions have been met:

(a) a prior check has been conducted in:

(i) national databases; and (ii) the automated fingerprinting identification systems of all other Member States under Decision 2008/615/JHA where comparisons are technically available, unless there are reasonable grounds to believe that a comparison with such systems would not lead to the establishment of the identity of the data subject; such reasonable grounds shall be included in the reasoned electronic request for comparison with Eurodac data sent by the designated authority to the verifying authority;

(b) the comparison is necessary for the purpose of the prevention, detection or investigation of terrorist offences or of other serious criminal offences, which means that there is an overriding public security concern which makes the searching of the database proportionate to the objective pursued;

(c) the comparison is necessary in a specific case including specific persons; and (d) there are reasonable grounds to consider that the comparison will substantially contribute to the prevention, detection or investigation of any of the terrorist offences or other serious criminal offences in question; such reasonable grounds exist in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls within a category covered by this Regulation. In addition to the prior check of the databases referred to in the first subparagraph, designated authorities may also conduct a check in the VIS, provided that the conditions for a comparison with the data stored therein, as laid down in Decision 2008/633/JHA, are met. Designated authorities may submit the reasoned electronic request referred to in the first subparagraph simultaneously with a request for comparison with the data stored in the VIS.

2. Where the designated authorities have consulted the CIR in accordance with Article 22(1) of Regulation (EU) 2019/818 and the CIR, in accordance with paragraph 2 of that Article, has indicated that the data relating to the person concerned are stored in Eurodac, the designated authorities may access Eurodac for consultation without a prior check in national databases or in the automated fingerprinting identification systems of all other Member States.

3. Requests for comparison with Eurodac data for law enforcement purposes, shall be carried out with biometric or alphanumeric data.