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CJEU: centralized storage of fingerprint data does not affect validity of Regulation

Centralized storage of the data and used for other purposes does not affect the validity of the Regulation, which provides only for preventing illegal entry into the EU.

Original title: SCHWARZ V. BOCHUM, 17.10.2014 (“SCHWARZ”)

Judgment

Necessity
AG Opinion
Biometric Data Lawful Basis Processing
Oct 17, 2013 Source eur-lex.europa.eu
Summary

(¶¶ 61-62)

Full text 3 paragraphs

Paragraphs carrying a topic or an applied provision show those connections inline
¶61

The regulation not providing for any other form or method of storing those fingerprints, it cannot in and of itself, as is pointed out by recital 5 of Regulation No 444/2009, 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 preventing illegal entry into the European Union.

¶62

In those circumstances, the arguments put forward by the referring court concerning the risks linked to possible centralisation cannot, in any event, affect the validity of that regulation and would have, should the case arise, to be examined in the course of an action brought before the competent courts against legislation providing for a centralised fingerprint base.

Biometric Data
¶63

In the light of the foregoing, it must be held that Article 1(2) of Regulation No 2252/2004 does not imply any processing of fingerprints that would go beyond what is necessary in order to achieve the aim of protecting against the fraudulent use of passports.

How it connects

1 of 3 paragraphs apply legislation or carry a topic — see them in the full text ↓

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