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Regulation (EU) 2024/1358 of the European Parliament and of the Council of 14 May 2024 on the establishment of ‘Eurodac’ for the comparison of biometric data in order to effectively apply Regulations (EU) 2024/1351 and (EU) 2024/1350 of the European Parliament and of the Council and Council Directive 2001/55/EC and to identify illegally staying third-country nationals and stateless persons and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, amending Regulations (EU) 2018/1240 and (EU) 2019/818 of the European Parliament and of the Council and repealing Regulation (EU) No 603/2013 of the European Parliament and of the Council article 36 CELEX: 32024R1358 Responsibility for data processing
1. The Member State of origin shall be responsible for ensuring that: (a) biometric data and the other data referred to in Article 17(1) and (2), Article 19(1), Article 21(1), Article 22(2) and (3), Article 23(2) and (3), Article 24(2) and (3) and Article 26(2) are taken lawfully and are lawfully transmitted to Eurodac; (b) data are accurate and up to date when they are transmitted to Eurodac; (c) without prejudice to the responsibilities of eu-LISA, data in Eurodac are lawfully recorded, stored, rectified and erased; (d) the results of biometric data comparisons transmitted by Eurodac are lawfully processed. 2. The Member State of origin shall ensure the security of the data referred to in paragraph 1 of this Article before and during transmission to Eurodac, as provided for in Article 48, and the security of the data it receives from Eurodac. 3. The Member State of origin shall be responsible for the final identification of the data pursuant to Article 38(4). |
Regulation (EU) 2024/1358 of the European Parliament and of the Council of 14 May 2024 on the establishment of ‘Eurodac’ for the comparison of biometric data in order to effectively apply Regulations (EU) 2024/1351 and (EU) 2024/1350 of the European Parliament and of the Council and Council Directive 2001/55/EC and to identify illegally staying third-country nationals and stateless persons and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, amending Regulations (EU) 2018/1240 and (EU) 2019/818 of the European Parliament and of the Council and repealing Regulation (EU) No 603/2013 of the European Parliament and of the Council article 36 CELEX: 32024R1358 4. eu-LISA shall ensure that Eurodac is operated, including for testing purposes, in accordance with this Regulation and relevant Union data protection rules. In particular, eu-LISA shall: (a) adopt measures ensuring that all persons, including contractors, working with Eurodac process the data recorded therein only in accordance with the purposes of Eurodac laid down in Article 1; (b) take the necessary measures to ensure the security of Eurodac in accordance with Article 48; (c) ensure that only persons authorised to work with Eurodac have access thereto, without prejudice to the competences of the European Data Protection Supervisor. eu-LISA shall inform the European Parliament, the Council and the European Data Protection Supervisor of the measures it takes pursuant to the first subparagraph of this paragraph. |