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EU-ECJ: Press release: Including fingerprints in passports is lawful

17 October 2013

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"Although the taking and storing of fingerprints in passports constitutes an infringement of the rights to respect for private life and the protection of personal data, such measures are nonetheless justified for the purpose of preventing any fraudulent use of passports.... However, the Court also notes that the regulation explicitly states that fingerprints may be used only for verifying the authenticity of a passport and the identity of its holder. Moreover, the regulation does not provide for the storage of fingerprints except within the passport itself, which belongs to the holder alone. The regulation not providing for any other form or method of storing those fingerprints, it cannot in and of itself be interpreted as providing a legal basis for the centralised storage of data collected thereunder or for the use of such data for purposes other than that of prevent ing illegal entry into the EU"

See the full text: Press release: Including fingerprints in passports is lawful (pdf)

And see: Judgment: full-text (pdf)

Also: Security trumps privacy, says EU court (euobserver, link): "Ensuring protection against the fraudulent use of passports outweighs personal privacy concerns about mandatory fingerprinting, the European Union's top court said Thursday. The European Court of Justice (ECJ) ruled on Thursday (17 October) that although the taking and storing of fingerprints for passports breached privacy and personal data rights, it did not breach the EU's Charter of Fundamental Rights and was in line with EU law."

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