Fundamental rights implications of the obligation to provide fingerprints for Eurodac

Abstract:

Processing biometric data for immigration, asylum and border management purposes has become common. This focus paper looks at measures authorities can take to enforce the obligation of newly arrived asylum seekers and migrants in an irregular situation to provide fingerprints for inclusion in Eurodac.

Eurodac is a large database of fingerprints the European Union (EU) set up for the smooth running of the Dublin system, a mechanism established to determine the Member State responsible for examining an asylum application. The paper intends to assist EU Member States and EU institutions and agencies in avoiding fundamental rights violations when promoting compliance with the duty to provide fingerprints, by examining more closely the impact of refusing to give fingerprints on the principle of non-refoulement, the right to liberty and security, and the protection from disproportionate use of force. It also contains a checklist to guide authorities responsible for implementing the duty to take fingerprints.

This focus paper is the first publication of FRA’s project on biometric data in large information technologies systems in the field of borders, immigration and asylum included in its Annual Work Programmes 2014–2016. It is a living document that FRA will review in case of new research findings or if the currently sparse national case law develops further. Although focused on fingerprints, the considerations included in this focus paper also apply to other biometric identifiers.

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