Automated data exchange with regard to dactyloscopic data in Latvia

2016/0818(CNS)

PURPOSE: to authorise Latvia to continue to receive and supply of personal data for the purpose of automated searching of dactyloscopic data (digital fingerprints).

NON LEGISLATIVE ACT: Council Implementing Decision  (EU) 2017/944 on the automated data exchange with regard to dactyloscopic data in Latvia, and replacing Decision 2014/911/EU.

CONTENT: through this Council Implementing Decision, Latvia remains authorised to continue to receive and supply personal data in accordance with Decision 2008/615/JAI for the purpose of automated searching of dactyloscopic data.

To recall, Council Decision 2008/615/JAI on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, provides that the supply of personal data may not take place until the Member States involved in such supply have implemented in national law the general provisions on data protection set out in that Decision.

An overall evaluation report, summarising the results of the questionnaire, the evaluation visit and the pilot run concerning dactyloscopic data exchange in Latvia has been presented to the Council.

The Council adopted Decision 2014/911/EU, having concluded that Latvia has fully implemented the general provisions on data protection under Decision 2008/615/JHA. 

This Decision replaces Decision 2014/911/EU which was annulled by the Court of Justice of the European Union by its judgement of 22 September 2016. In that judgement, the Court maintained the effects of Decision 2014/911/EU until the entry into force of a new act intended to replace that Decision.

The Member States that obtained personal data pursuant to Decision 2014/911/EU are entitled to further process those data at national level or between Member States. 

ENTRY INTO FORCE: 3.6.2017. From that date, Decision 2014/911/EU will cease to have effect.