The European Parliament adopted by 353 votes to 336, with 4 abstentions, a resolution objecting to the Commission delegated regulation of 29 September 2021 supplementing Regulation (EU) 2019/817 of the European Parliament and of the Council as regards determining cases where identity data may be considered as same or similar for the purpose of the multiple identity detection.
As a reminder, Regulation (EU) 2019/817 on establishing a framework for interoperability between EU information systems in the field of borders and visa requires the Commission to adopt delegated acts laying down the procedures for determining the cases in which identity data may be considered to be the same or similar.
The Delegated Commission Regulation provides that the cases in which identity data may be regarded as similar are listed in Annex II.
Annex II(2) of the Delegated Commission Regulation provides that:
(1) eu-LISA uses an algorithm to calculate the similarity between identity data across different data fields from the different EU information systems;
(2) the algorithm is based on previously established thresholds of similarity;
(3) in defining that algorithm, eu-LISA is assisted and advised by experts from the Commission, Member States and EU agencies using the EU information systems and interoperability components.
In support of Parliament's objection, Members argued that it is clear that the Commission's delegated regulation does not lay down the procedures to determine the cases in which identity data can be considered to be similar, but sub-delegates that power to eu-LISA and to experts from the Commission, the Member States and the Union agencies using the EU information systems and interoperability components.