European Dactyloscopy System - EURODAC - NEMZETI ADATVÉDELMI ÉS INFORMÁCIÓSZABADSÁG HATÓSÁG

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European Dactyloscopy System - EURODAC

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Presentation of the EURODAC Database

A brief introduction to the Dublin Convention and the 2725/200/EC Regulation

 The Dublin Convention, signed in Dublin on 15 June 1990, aims at preventing asylum applicants from applying in several Member States at the same time. The idea is that the country where an asylum seeker arrives is the one responsible for the whole procedure. Eurodac, a database created by the 2725/2000/EC Regulation ( http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32000R2725:EN:HTML
), helps Member States determine the Member State of origin of an asylum seeker or of an alien apprehended in an illegal situation, be it the illegal crossing of a border or the illegal presence on a Member State's territory. Member States may send fingerprints to Eurodac's Central Unit, established within the European Commission, to check for hits in the database.


National Data Protection Authorities like the NAIH and the EDPS participate in a Joint Supervisory Committee that monitors Eurodac's compliance with data protection rules. You will find below more information on what kind of data is stored into the Eurodac database, your rights as a data subject, and how the NAIH can assist you in enforcing your rights.

What kind of data is collected?

 The data stored into the Eurodac database depends on the data subject, of which there are three categories :

Asylum seekers who are over 14 years old;
Aliens apprehended in connection with the irregular crossing of a border;
Aliens illegally present in a Member State.

 Depending on the category one falls into, Member States send different sets of data for storage into the Eurodac database.

Data collected on asylum seekers over 14 years old

 The following data is collected on asylum seekers :

Member State of origin, place and date of the application for asylum;
Fingerprint data;
Sex;
Reference number used by the Member State of origin;
Date on which the fingerprints were taken;
Date on which the data were transmitted to the Central Unit;
Date on which the data were entered in the central database;
Details in respect of the recipient(s) of the data transmitted and the date(s) of transmission(s).

 The above data is stored for 10 years, unless the asylum seeker obtains a Member State's citizenship. In this case, data is erased immediately.

Data collected on aliens apprehended in connection with the irregular crossing of a border

 The following data is collected on aliens apprehended while crossing a border illegally :

Member State of origin, place and date of the apprehension;
Fingerprint data;
Sex;
Reference number used by the Member State of origin;
Date on which the fingerprints were taken;
Date on which the data were transmitted to the Central Unit.

 Only the fingerprints of individuals who are 14 years old or older may be stored, and only if the data subject has not been turned back.

 The data is stored for two years, unless the alien has been granted either citizenship of a residence permit, or has left the EU's territory.

Data collected on aliens illegally present in a Member State

 This encompasses only the alien's fingerprint. The aim of its collection and transmission to the Eurodac system can only be to determine whether or not this person has lodged an asylum application, and if so, where. This information is not to be recorded.

How do I exercise my rights?

 People who are entered into the Eurodac database must be informed by the Member States about the identity of who controls the data, the purpose of this database, the persons who will have access to it, and they must be told about their right to access and rectify data that concern them. This information must be given at the same time as fingerprints are taken or, in case of aliens illegally present on a Member State's territory, at the time of the data being transferred.

 Each Member State is responsible for the data it sends into the Eurodac database. It must make sure it has complied with the criteria detailed above, as well as ensure the accuracy of this data.

 When incorrect data is found in the database, it must be corrected and the data subject must be informed without delay. If a Member State disagrees with the assessment according to which a data record is inaccurate, and thus refuses to modify or erase it, it must explain its decision.

 In agreement with EU and Hungarian laws, each person has the right to:

access EURODAC-stored information related to the person

request that inaccurate or false data is corrected

request the removal of its unlawfully processed data

turn to the courts or another competent authority to request the correction or removal of inaccurate data or petition for compensatory damages


The request has to be lodged to the authority that carries/carried on the procedure. More information can be found at the http://www.bmbah.hu/jomla/index.php?option=com_k2&view=item&layout=item&id=33&Itemid=678&lang=en#
webpage. Information can also be requested from the Central Office of Immigration and Nationality:

Office of Immigration and Nationality

Address: 1117 Budapest, Budafoki street 60.
P.O.box: 1903 Budapest, Pf. 314.
Telephone: 0036-1-463-9100
Fax: 0036-1-463-9108

E-mail: nef@bah.b-m.hu


The authority has the right to refuse requests but is obliged to inform the person about the fact of and the reason for denial. Should you find that the authority is not adequately responsive to your request, you then may turn to the Hungarian National Authority for Data Protection and Freedom of Information (NAIH):








National Authority for Data Protection and Freedom of Information

Levelezési cím: 1530 Budapest, Pf.: 5.
Cím: 1125 Budapest, Szilágyi Erzsébet fasor 22/c
Tel: +36 (1) 391-1400
Fax: +36 (1) 391-1410
email: ugyfelszolgalat@naih.hu
web: http://www.naih.hu







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