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27/10/2006
27
Oct
2006
Opinions

Investigations conducted by OLAF

Opinion on the Proposal for a Regulation amending Regulation (EC) No. 1073/1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF), JO C 91, 26.04.2007, p. 1

The proposal relates to OLAF's operational activities because it aims to amend the Regulation which lays down the rules and constitute the legal basis for investigations, etc. The aim is to:
  • Improve the effectiveness of investigations;
  • Facilitate the exchange between OLAF and the various institutions concerning information about suspected wrongdoings, at both EU and national level; and
  • Guarantee the rights of persons implicated in an investigation, including their right to data protection and privacy and make procedural guarantees stronger.

The EDPS agrees with the significance of the goals and objectives pursued by the proposed amendments, especially regarding the procedural guarantees afforded to individuals. However, when it comes to personal data protection, the proposal could be further improved without jeopardising the objectives that it pursues. Concerns relate to the right of information, access and rectification as well as exchanges of personal information. The EDPS also proposes measures regarding the confidentiality of whistleblowers.

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27/10/2006
27
Oct
2006
Opinions

Common Consular Instructions

Opinion on the Proposal for a Regulation amending the Common Consular Instructions on visas for diplomatic missions and consular posts in relation to the introduction of biometrics including provisions on the organisation of the reception and processing of visa applications (COM (2006)269 final), JO C 321, 29.12.2006, p. 38

The proposal amends the Common consular instructions in view of the implementation of the Visa Information System (VIS). The main points of the opinion concern biometric identifiers and cooperation between consular posts in the visa procedure.
Regarding biometric identifiers, the EDPS underlines that it is a political decision rather than a purely technical one to determine from which age fingerprints shall be collected. This should not be based entirely on arguments of feasibility. Especially the mandatory fingerprinting of all children aged 6+ raises also ethical questions. The EDPS moreover recalls that all biometric identification systems are inherently imperfect and that the system therefore must provide for adequate fallback solutions.

Regarding the cooperation between consular posts and embassies of the Member States, the EDPS emphasises the need to guarantee data security, which can prove difficult in some third countries. When the processing of visa applications (including collection of biometric identifiers) is outsourced to a private company, the EDPS stresses the need for it to be located in a place under diplomatic protection.

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16/10/2006
16
Oct
2006
Opinions

Residence permits

Opinion on the modified proposal for a Council Regulation amending Regulation (EC) 1030/2002 laying down a uniform format for residence permits for third-country nationals, OJ C 320, 28.12.2006, p. 21

Following the introduction of biometric features in European passports and Schengen visas, this proposal is the third one to rely on biometric data. The EDPS supports the proposal but stresses that the residence permit should not be seen as a travel document. Also, he underlines that the highest security standards need to be adopted.
If the safeguards recommended in the opinion are implemented, the EDPS does not oppose the use of biometric data which are justified by the enhancement of the security level and by facilitating the fight against illegal immigration and illegal residence. The EDPS welcomes the progress to have better respect for the principle of purpose limitation, but is concerned by the definition of authorities which have access to the data stored.

The EDPS supports the equal treatment of European citizens and third country residents whereby they have access to electronic services, such as e-government services. However, he recommends postponing the insertion of an additional chip for such services until a complete impact assessment study has been conducted.

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13/10/2006
13
Oct
2006
Opinions

Laissez-passer

Opinion on the draft Council Regulation (EC) laying down the form of the laissez-passer to be issued to members and servants of the institutions, OJ C 313, 20.12.2006, p. 36

The opinion analyses the draft Council Regulation on the community laissez-passer (CLP) to be issued to members and staff of the institutions and used as a diplomatic passport in third countries. According to the Council, as the initial implementation dated back to 1967, current security standards for EU travel documents require changes to the CLP.
The EDPS supports the proposal - albeit with some reservations, especially concerning the use of biometric data and reiterates his preference for the use of fallback procedures during the enrolment phase. The EDPS opposes the possible creation of central databases containing all the biometric data contained in the CLP for lack of proportionality.

The EDPS also stresses that the interoperability of the system with third countries' systems must not breach the purpose limitation principle of the processing of data. Moreover, the opinion also addresses the question of access by third countries.

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29/05/2006
29
May
2006
Opinions

Criminal records

Opinion on the Proposal for a Council Framework Decision on the organisation and content of the exchange of information extracted from criminal records between Member States (COM (2005)690 final), OJ C 313, 20.12.2006, p. 26

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15/05/2006
15
May
2006
Opinions

Maintenance obligations

Opinion on the Proposal for a Council Regulation on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (COM (2005)649 final), OJ C 242, 7.10.2006, p. 20

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28/02/2006
28
Feb
2006
Opinions

Exchange of information under the principle of availability

Opinion on the Proposal for a Council Framework Decision on the exchange of information under the principle of availability (COM (2005)490 final), OJ C 116, 17.05.2006, p. 8

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20/01/2006
20
Jan
2006
Opinions

Access to VIS by authorities responsible for internal security

Opinion on the Proposal for a Council Decision concerning access for consultation of the Visa Information System (VIS) by the authorities of Member States responsible for internal security and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences (COM (2005)600 final), OJ C 97, 25.04.2006, p. 6

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19/12/2005
19
Dec
2005
Opinions

Data protection in the third pillar

Opinion on the Proposal for a Council Framework Decision on the protection of personal data processed in the framework of police and judicial co-operation in criminal matters (COM (2005)475 final), OJ C 47, 25.02.2006, p. 27

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19/10/2005
19
Oct
2005
Opinions

Schengen Information System (SIS II)

Opinion on three Proposals regarding the Second Generation Schengen Information System (SIS II) (COM (2005)230 final, COM (2005)236 final and COM (2005)237 final), OJ C 91, 19.04.2006, p. 38

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26/09/2005
26
Sep
2005
Opinions

Data retention

Opinion on the Proposal for a Directive of the European Parliament and of the Council on the retention of data processed in connection with the provision of public electronic communication services and amending Directive 2002/58/EC (COM (2005)438 final), OJ C 298, 29.11.2005, p. 1

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15/06/2005
15
Jun
2005
Opinions

PNR Canada

Opinion on the Proposal for a Council Decision on the conclusion of an agreement between the European Community and the Government of Canada on the processing of Advance Passenger Information (API) / Passenger Name Record (PNR) data, OJ C 218, 6.9.2005, p. 6

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23/03/2005
23
Mar
2005
Opinions

Visa Information System (VIS)

Opinion on the Proposal for a Regulation of the European Parliament and of the Council concerning the Visa Information System (VIS) and the exchange of data between Member States on short stay-visas, OJ C 181, 23.7.2005, p. 13

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13/01/2005
13
Jan
2005
Opinions

Criminal Records

Opinion on the proposal for a Council decision on the exchange of information from criminal records (COM (2004) 664 final of 13 October 2004), OJ C 58 of 8.3.2005, p. 3

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22/10/2004
22
Oct
2004
Opinions

Protection against fraud

Opinion on the Proposal for a Regulation of the European Parliament of the Council on mutual administrative assistance for the protection of the financial interests of the Community against fraud and any other illegal activities OJ C 301, 7.12.2004, p. 4

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