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Eurodac Regulation:
Article 42 – Rights of information

1. The Member State of origin shall inform a person covered by Article 15(1), Article 18(1) and (2), Article 20(1), Article 22(1), Article 23(1), Article 24(1) or Article 26(1) of this Regulation, in writing, and where necessary, orally, in a language that he or she understands or is reasonably supposed to understand, in a concise, transparent, intelligible and easily accessible form, using clear and plain language, of the following:

(a) the identity and contact details of the controller within the meaning of Article 4, point (7), of Regulation (EU) 2016/679General Data Protection Regulation (GDPR) and of his or her representative, if any, and the contact details of the data protection officer;

(b) the data to be processed in Eurodac and the legal basis for processing, including a description of the aims of Regulation (EU) 2024/1351Asylum And Migration Management Regulation, in accordance with Article 19 of that Regulation and, where applicable, of the aims of Regulation (EU) 2024/1350 Resettlement and Humanitarian Admission Regulation, and an explanation in an intelligible form of the fact that Eurodac may be accessed by the Member States and Europol for law enforcement purposes;

(c) in relation to a person covered by Article 15(1), Article 22(1), Article 23(1) or Article 24(1), the fact that, if a security check as referred to in Articles 17(2), point (i), 22(3), point (d), Article 23(3), point (e), and Article 24(3), point (f), shows that he or she could pose a threat to internal security, the Member State of origin is obliged to register that fact in Eurodac;

(d) the recipients or categories of recipients of the data, if any;

(e) in relation to a person covered by Article 15(1), Article 18(1) and (2), Article 20(1), Article 22(1), Article 23(1), Article 24(1) or Article 26(1), the obligation to have his or her biometric data taken and the relevant procedure, including the possible implications of non-compliance with such an obligation;

(f) the period for which the data will be stored pursuant to Article 29;

(g) the existence of the right to request from the controller access to data relating to him or her, and the right to request the rectification of inaccurate personal data, the completion of incomplete personal data or the erasure or restriction of the processing of unlawfully processed personal data concerning the data subject, as well as the right to receive information on the procedures for exercising those rights including the contact details of the controller and the supervisory authorities referred to in Article 44(1);

(h) the right to lodge a complaint with the supervisory authority.

2. In relation to a person covered by Article 15(1), Article 18(1) and (2), Article 20(1), Article 22(1), Article 23(1), Article 24(1) and Article 26(1), the information referred to in paragraph 1 of this Article shall be provided at the time when his or her biometric data are taken.

Where a person covered by Article 15(1), Article 18(1) and (2), Article 20(1), Article 22(1), Article 23(1), Article 24(1) and Article 26(1), is a minor, the information shall be provided by Member States in an age-appropriate manner.

The procedure to capture biometric data shall be explained to minors by using leaflets, infographics or demonstrations, or a combination of any of the three, as appropriate, specifically designed in such a way as to ensure that minors understand it.

3. A common leaflet, containing at least the information referred to in paragraph 1 of this Article and the information referred to in Article 19(1) of Regulation (EU) 2024/1351Asylum And Migration Management Regulation, shall be drawn up in accordance with the procedure referred to in Article 77(2) of that Regulation.

The leaflet shall be clear and simple, drafted in a concise, transparent, intelligible and easily accessible form and in a language that the person concerned understands or is reasonably supposed to understand.

The leaflet shall be drawn up in such a manner as to enable Member States to complete it with additional Member State-specific information. That Member State-specific information shall include at least the administrative measures for ensuring compliance with the obligation to provide biometric data, the rights of the data subject, the possibility of information and assistance by the national supervisory authorities, the contact details of the office of the controller and of the data protection officer, and the contact details of the national supervisory authorities.


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Correlation table

Regulation (EU) No 603/2013This Regulation
Article 29(1), introductory wording and points (a) to (e)Article 42(1), points (a), (b), (d), (e) and (g)
—Article 42(1), points (c), (f) and (h)
Article 29(2)Article 42(2)
Article 29(3)Article 42(3)
Article 29(4) to (15)—
Categories: Articles Key words: Biometric data, Hit, Minor

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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