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Eurodac Regulation:
Article 32 – Procedure for comparison of biometric or alphanumeric data with Eurodac data

1. For law enforcement purposes, the Member States’ designated authorities and the Europol designated authority may submit a reasoned electronic request as provided for in Article 33(1) and in Article 34(1), together with the reference number used by them, to the verifying authority to be forwarded for a comparison of biometric data or alphanumeric data to Eurodac via the National Access Point or Europol Access Point. Upon receipt of such a request, the verifying authority shall verify whether all the conditions for requesting a comparison as referred to in Article 33 or 34, as applicable, are fulfilled.

2. Where all the conditions for requesting a comparison as referred to in Article 33 or 34 are fulfilled, the verifying authority shall forward the request for comparison to the National Access Point or Europol Access Point, which shall forward it to Eurodac in accordance with Articles 27 and 28 for the purposes of comparison with the biometric or alphanumeric data transmitted to Eurodac pursuant to Article 15, Article 18(2) and Articles 20, 22, 23, 24 and 26.

3. A comparison of a facial image with other facial image data in Eurodac for law enforcement purposes may be carried out as provided for in Article 28(1), if such data are available at the time the reasoned electronic request is made by the Member States’ designated authorities or the Europol designated authority.

4. In exceptional cases of urgency where there is a need to prevent an imminent danger associated with a terrorist offence or other serious criminal offence, the verifying authority may transmit the biometric or alphanumeric data to the National Access Point or Europol Access Point for comparison immediately upon receipt of a request by a designated authority and only verify ex post whether all the conditions for requesting a comparison as referred to in Article 33 or 34 are fulfilled, including whether an exceptional case of urgency actually existed. The ex post verification shall take place without undue delay after the processing of the request.

5. Where an ex post verification determines that the access to Eurodac data was not justified, all the authorities that have accessed such data shall erase the information communicated from Eurodac and shall inform the verifying authority of such erasure.


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Correlation table

Regulation (EU) No 603/2013This Regulation
Article 19(1)Article 32(1)
Article 19(2)Article 32(2)
—Article 32(3)
Article 19(3)Article 32(4)
Article 19(4)Article 32(5)
Categories: Articles Key words: Biometric data, Hit, Identity data

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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