EU: Eurodac: trilogue document from 21 February 2018 including differing positions on forced fingerprinting of children


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Eurodac: trilogue document from 21 February 2018 including differing positions on forced fingerprinting of children
23.4.18
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A document from the ongoing "trilogues" on the upgrading of the EU's Eurodac database highlights the differing positions of the Council and the Parliament over proposals to make it possible for children's fingerprints to be taken by force by national authorities.

See: EURODAC (21/02/2018) (pdf)

Article 2 - Obligation to take biometric data (page 71 of the document) contains the relevant text.

According to the fourth column of the document, which highlights the compromises reached between the Council and Parliament during the secret trilogue meetings, text under discussion includes the following in square brackets, from Article 2(3):

"Administrative measures for ensuring compliance with providing biometric data... shall be laid down in national law. These measures shall be effective, proportionate and dissuasive [and may include the possibility to use means of coercion as a last resort]."

Page 81 of the document includes the "EP's suggestion": "Force shall not be used to coerce children into giving their fingerprints or facial image."

This is followed by the Council's "compromise" suggestion, which includes the text:

"Third-country nationals or stateless persons who are deemed to be vulnerable persons, and minors should not be coerced into giving their fingerprints or facial image, except in duly justified circumstances that are permitted under national law and where, taking into account the age and maturity of the minor, proportionate degree of coercion is considered appropriate."

Background: EU mulls coercion to get refugee kids' fingerprints (EUobserver, link)

And: Joint statement: Coercion of children to obtain fingerprints and facial images is never acceptable (Statewatch News Online, 14 March 2018)

The Council's position is also available in Council document 6016/18 (pdf)

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