Processing the biometric data of third country nationals (EMN Inform)

This Inform provides information on current national legislation and practices for the collection and processing of biometric data of third-country nationals in 24 EMN Member Countries and three EMN Observer Countries (Norway, Serbia and Ukraine) in accordance with national and European law requirements. 

This EMN Inform, which maps existing legislation and practices in biometric data management within migration processes in EMN Member Countries and Observer Countries, show inter alia that:

  • Biometric data are commonly collected from individuals applying for international protection, long-stay visas or residence permits, and short-term visas. In six countries, DNA collection is permitted in certain circumstances. Biometric data is collected less often during returns, removals, or border crossings.
     
  • The most common purpose for collecting biometric data is to establish and verify an individual’s identity or the authenticity of travel documents. Five countries also specified that national security, criminal investigation, or law enforcement served as an initial purpose for the collection of biometric data during migration processes.
     
  • All participating EMN Member and Observer Countries have specific rules for biometric data collection, including age limits for fingerprints. These age limits range from 6 to 14 years, varying by country and migration process.
     
  • Many EMN Member Countries include specific rules to ensure non-discrimination. These include accommodations for disabilities or religious/cultural needs during biometric data collection and rules for storing and processing data that identify religious or political affiliation.
     
  • The most common data controllers for the collection and processing of biometric data under national legislation are the Ministry of the Interior, Immigration or Asylum Authorities, the police, and the Ministry of Foreign Affairs. Other data controllers include the Ministry of Justice and Security, administrative courts at the federal level, or a Parliamentary Commission for Human Rights.
     
  • Approaches vary among countries regarding the storage location and period during which biometric data is held. Most EMN and Observer Countries maintain biometric data in a national repository for at least some phase of the migration process.
     
  • 21 countries permit the international transfer of biometric data, typically limited to specific uses or situations. Thirteen report the international transfer of data where it is explicitly allowed or required by law, a specific international legal obligation such as a treaty, or an EU regulation.

For further details, please read the Inform attached above. 

Publication Date:
Fri 20 Dec 2024
Geography:
Main theme:
Publication type:
Commissioner:
EMN
Keywords: