Freitag, 20.07.2018 12:34 Uhr

Rethinking Schengen with migrant crisis

Verantwortlicher Autor: Carlo Marino Rome, 07.08.2017, 08:31 Uhr
Kommentar: +++ Politik +++ Bericht 5051x gelesen

Rome [ENA] The free movement of persons was a fundamental part of the Treaty of Rome (25 March 1957) and, from the early days of the European Economic Community, nationals of EEC member states could travel freely from one member state to another on production of their passports or national identity cards. Today, there are systematic identity controls in place at the border between most member states.

Furthermore, highly sensitive biometric data are collected. Given their sensitivity, their collection and use should be subject to a strict analysis before deciding to register them in the SIS (Schengen Information System). Biometric identifiers should be created and searched only under specific conditions meeting the proportionality requirement of the data protection legal framework. Mandatory rules should be set for the consultation of national authorities in case a third country national holds or may obtain a valid residence permit or other authorisation or right to stay granted in one Member State, and another Member State aims at issuing or already entered an alert for refusal of entry and stay to the third country national concerned.

Such situations create serious worries for border guards, police and immigration authorities. Therefore, it is suitable to provide for clear guidelines and a necessary timeframe for rapid consultation with a certain result in order to prevent persons representing a threat from entering to the Schengen area. Data processed and stored in SIS, as well as SIS information already made accessible to accredited authorities, should not be transferred or made available to third countries or to international organisations. Specific safeguards governing the treatment of personal data of vulnerable third-country nationals, such as children, should be required.

In cases concerning children, the best interests of the child should be a primary consideration. When data pertaining to a child are inserted in SIS, they should only be used for purposes relating to the prevention, detection and investigation of missing children cases and for the protection of the child’s best interests, in accordance with the UN Convention on the Rights of the Child. All measures taken in relation to the SIS should comply with the Charter of Fundamental Rights of the Union.

Member States should apply guidelines, to be confirmed and monitored jointly by the European Union Agency for Asylum and the European Union Agency for Fundamental Rights, for a common practice with regard to taking fingerprints and facial images of irregular third-country nationals, building upon the checklist prepared by the European Union Agency for Fundamental Rights. At all times Member States must respect the dignity and physical integrity of the minor during the fingerprinting procedure and when capturing a facial image. Member States should not use pressure to induce the taking of fingerprints of minors.

In accordance with the UN Convention on the rights of the Child, children shall be treated with humanity and respect, in a manner which takes into account the needs of their age. Therefore, particular attention shall be paid to the specific situation of minors. The best interest of the child shall always be a main consideration. The European Union, in cooperation with the national supervisory authorities and the European Data Protection Supervisor, should methodically carry out campaigns informing the public, including third-country nationals, about the objectives of SIS, the data stored, the authorities having access to SIS and the rights of data subjects.

Member States, in cooperation with their national supervisory authorities, have to develop and realize the indispensable policies to inform their citizens, including third-country nationals, about SIS generally. Data on third-country nationals in respect of whom an alert has been issued for the purposes of refusing entry and stay shall be entered in SIS on the basis of a national alert resulting from a decision, respecting the “ne bis in idem” principle, taken by the competent administrative or judicial authorities in accordance with the rules of procedure laid down by national law taken on the basis of an individual assessment.

In fulfilment with Regulation 2016/679, effective remedies and requests against those decisions, as well as the right to access their personal data and to erase, complete or ratify them, must be guaranteed, including for third country nationals not present on the Union territory. Only duly authorised staff of designated authorities shall have access to the SIS after following appropriate trainings on data security and data protection. For the purposes of Article 24(2) and (3) and Article 27 the access to data recorded in SIS and the right to search such data may be worked out by national judicial authorities, comprising those responsible for the initiation of public prosecutions in criminal proceedings and for judicial inquiries.

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