Data protection and EU databases

Speech by Baroness Sarah Ludford MEP delivered to The European Parliament on Tue 15th Nov 2005

Question by Sarah Ludford (H-0896/05)

Subject: Data protection and EU databases

In both the first and the second annual reports to the Council and the European Parliament (SEC(2004)0557 and SEC(2005)0839) on the activities of the Central Unit of Eurodac, the EU database on asylum-seekers, it was reported that this unit had registered a surprisingly high number of 'special searches'. This is a category intended for the implementation of Article 18(2) et seq. of the Eurodac Regulation, i.e for data-protection purposes in order to safeguard the right of the data subject to access his or her own data.

However, these special searches have been made without the national supervisory authorities being able to confirm that these cases did indeed involve persons requesting access to their own data. What action has the Commission taken in order to find out the status of these special searches? Has the Commission fulfilled its commitment to continue monitoring the application of the Eurodac Regulation in this respect? If so, what was the result?

Olli Rehn, Member of the Commission. The honourable Member Baroness Ludford asks for clarification regarding special searches in relation to Eurodac and action taken by the Commission. I am glad to respond to this question, which falls within the field of responsibility of Commission Vice-President Frattini.

Firstly, a search is defined as special when it aims not to determine the Member State responsible for an asylum application, but to guarantee to each individual the exercise of his or her rights as provided for in the Data Protection Directive.

Article 18 of the Eurodac Regulation sets out the procedures for the exercise of the right to information and to access to, correction or erasing of personal data processed by Eurodac. These rights are granted by EU data protection legislation and they aim to ensure the protection of the right to privacy of the individual. Indeed, in accordance with Article 18(2) and under the Eurodac Regulation, any person residing in a Member State has the right to obtain in any Member State data relating to her or him that is recorded in the central database and that the Member State transmitted to the Central Unit. She or he can subsequently ask that Member State to correct data that was factually inaccurate or to erase data that was unlawfully recorded. It is worth noting that only a few Member States sent such searches to the Central Unit.

Under the system laid down by EU data protection legislation, the Member States' data protection authorities and the European data protection supervisor are the competent authorities to monitor the lawfulness of personal data-processing activities by Eurodac. During a recent Eurodac users' meeting, the Commission reminded Eurodac users of their legal obligations. At another meeting organised by the European Data Protection Supervisor, the Commission drew the attention of the EDPS and the national supervisory authorities to the high number of special searches noted in the Eurodac Central Unit.

The Commission is following this issue closely since it is important to clarify whether activities carried out by national authorities within the framework of Eurodac comply with our established data protection rules.

Sarah Ludford (ALDE). - Thank you, Commissioner Rehn, up to a point. What you are saying is that the Commission knows no more than national data protection supervisory authorities why these special searches are being made. The reason that the topic is so important is that demand for access to EU databases is growing at a fast pace.

In the case of Eurodac, how do we know that these special searches were not unauthorised access by national agencies masquerading as searches on behalf of individuals checking their own data? If the Commission does not know the answer, what trust can we have in its watchdog function as data protection comes under increasing pressure? I would remind you that the Commission is responsible for the enforcement of the rules of this regulation.

Olli Rehn, Member of the Commission. First, I will pass on your concerns to Commissioner Frattini. Second, the Commission has asked for further clarification from one Member State where a particularly high number of searches were noticed in a very short period of time.

You will understand that at this stage, without knowing the exact reasons for these numbers, I do not want to name and blame any particular Member States. I repeat that, even if we are surprised by these numbers, there is no evidence at this stage that the Eurodac Regulation has been incorrectly applied.