Avis concernant la proposition de règlement modifiant les instructions consulaires communes adressées aux représentations diplomatiques et consulaires de carrière, en liaison avec l'introduction d'éléments d'identification biométriques et de dispositions relatives à l'organisation de la réception et du traitement des demandes de visa (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.
Avis sur la proposition modifiée de règlementdu Conseil modifiant le règlement (CE) no 1030/2002 établissant un modèle uniforme de titre de séjour pour les ressortissants de pays tiers, JO 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.
Avis sur le projet de règlement du Conseil portant fixation de la forme des laissez-passer délivrés aux membres et aux agents des institutions, JO 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.
Observations relatives à la communication de la Commission sur l'interopérabilité des base de données européennes
The first comments concerned a communication related to the interoperability of European Justice and home affairs databases. Because it covered a transversal topic, involving several legal instruments with a list of possible actions, the EDPS decided to issue his comments. The objective was to re-introduce main data protection principles in the debate and to raise their impact on the exploration of a new policy.
The comments called for interoperability not to be treated as a mere technical concept, but to see it as a legal and political one because of the increased risks for the citizens.