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EU: Note of the Meijers Committee (experts on international immigration, refugees and criminal law) on: Amended proposal for the Eurodac Regulation (COM (2009) 342)

01 February 2010

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Note of the Meijers Committee (Standing Committee of experts on international immigration, refugees and criminal law) on: Amended proposal for the Eurodac Regulation (COM (2009) 342) and the Decision on requesting comparisons with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes (COM (2009) 344) (pdf):

"The Meijers Committee, sharing the serious concerns of the European Data Protection Supervisor and the national data protection authorities, strongly advices the members of the European Parliament to vote against this legislative proposal of the European Commission on the following grounds:

- The proposal runs counter to fundamental data protection principles such as proportionality of data processing and respect for purpose limitation.
- The proposal violates fundamental rights of the asylum seekers, including the right to privacy and data protection, the right to asylum and protection against torture and inhuman treatment.
- The proposal will lead to stigmatisation of this particular group of asylum seekers, in violation of the principle of non discrimination.
- When adopted, there is a serious risk that these instruments (the proposed Decision and Regulation) will invoke preliminary questions by national courts and subsequently will be held unlawful by the European Court of Justice, considering recent jurisprudence of both the European Court of Justice and the European Court for Human Rights."

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