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Eurodac Regulation:
Article 36 – Responsibility for data processing

1. The Member State of origin shall be responsible for ensuring that:

(a) biometric data and the other data referred to in Article 17(1) and (2), Article 19(1), Article 21(1), Article 22(2) and (3), Article 23(2) and (3), Article 24(2) and (3) and Article 26(2) are taken lawfully and are lawfully transmitted to Eurodac;

(b) data are accurate and up to date when they are transmitted to Eurodac;

(c) without prejudice to the responsibilities of eu-LISAEuropean Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice, data in Eurodac are lawfully recorded, stored, rectified and erased;

(d) the results of biometric data comparisons transmitted by Eurodac are lawfully processed.

2. The Member State of origin shall ensure the security of the data referred to in paragraph 1 of this Article before and during transmission to Eurodac, as provided for in Article 48, and the security of the data it receives from Eurodac.

3. The Member State of origin shall be responsible for the final identification of the data pursuant to Article 38(4).

4. eu-LISAEuropean Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice shall ensure that Eurodac is operated, including for testing purposes, in accordance with this Regulation and relevant Union data protection rules. In particular, eu-LISAEuropean Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice shall:

(a) adopt measures ensuring that all persons, including contractors, working with Eurodac process the data recorded therein only in accordance with the purposes of Eurodac laid down in Article 1;

(b) take the necessary measures to ensure the security of Eurodac in accordance with Article 48;

(c) ensure that only persons authorised to work with Eurodac have access thereto, without prejudice to the competences of the European Data Protection Supervisor.

eu-LISAEuropean Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice shall inform the European Parliament, the Council and the European Data Protection Supervisor of the measures it takes pursuant to the first subparagraph of this paragraph.


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Correlation table

Regulation (EU) No 603/2013This Regulation
Article 23(1), introductory wordingArticle 36(1), introductory wording
Article 23(1), points (a) and (b)Article 36(1), point (a)
Article 23(1), points (c), (d) and (e)Article 36(1), points (b), (c) and (d)
Article 23(2)Article 36(2)
Article 23(3)Article 36(3)
Article 23(4), points (a), (b) and (c)Article 36(4), points (a), (b) and (c)
Categories: Articles Key words: Biometric data, Hit, Identification

Keywords

Absconding Accelerated Examination Procedure Adequate capacity Annual Solidarity Pool Asylum Border Procedure Beneficiary of temporary protection Best Interests of the Child Biometric data Common Identity Repository (CIR) Crisis/Force Majeure Detention Determining authority Effective Remedy Eurodac Facial image data Family members Fingerprint data Hit Humanitarian admission Identification Identity data Illegal stay Mandatory Solidarity Member State Responsible Migratory pressure Minor Non-Refoulement Refugee status Relocation Remain in the Member State Representative Resettlement Return Border Procedure Safe Country of Origin Safe Third Country Search and rescue operation Secondary Movement Special procedural guarantees Special reception needs Stateless person Subsequent application Subsidiary protection status Transfer Unaccompanied minor Visa

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