1. For the purposes laid down in Article 1(1), points (a), (b), (c) and (j), of this Regulation, the data subject’s rights of access to, rectification, completion, erasure and restriction of the processing of personal data shall be exercised in accordance with Chapter III of and applied as set out in this Article.
2. The right of access of the data subject in each Member State shall include the right to have communicated to him or her the personal data relating to him or her recorded in Eurodac, including any record indicating that the person could pose a threat to internal security, and the Member State which transmitted them to Eurodac under the conditions set out in and in national law adopted pursuant thereto. Such access to personal data may be granted only by a Member State.
When the rights of rectification and erasure of personal data are exercised in a Member State other than that, or those, which transmitted the data, the authorities of that Member State shall contact the authorities of the Member State or Member States which transmitted the data so that they can check the accuracy of the data and the lawfulness of their transmission to and recording in Eurodac.
3. With regard to a record indicating that the person could pose a threat to internal security, Member States may restrict the data subject’s rights referred to in this Article in accordance with Article 23 of .
4. If it emerges that data recorded in Eurodac are factually inaccurate or have been recorded unlawfully, the Member State which transmitted them shall rectify or erase the data in accordance with Article 40(3). That Member State shall confirm in writing to the data subject that it has taken action to rectify, complete, erase or restrict the processing of personal data relating to that data subject.
5. If the Member State which has transmitted the data does not agree that the data recorded in Eurodac are factually inaccurate or have been recorded unlawfully, it shall explain in writing to the data subject why it does not intend to rectify or erase the data.
That Member State shall also provide the data subject with information explaining the steps which can be taken if he or she does not accept the explanation provided. That shall include information on how to bring an action or, if appropriate, a complaint before the competent authorities or courts of that Member State and on any financial or other assistance that is available in accordance with the laws, regulations and procedures of that Member State.
6. Any request under paragraphs 1 and 2 for access to, rectification, completion, erasure or restriction of the processing of personal data shall contain all the necessary particulars to identify the data subject, including biometric data. Such data shall be used exclusively to permit the exercise of the data subject’s rights as referred to in paragraphs 1 and 2 and shall be erased immediately afterwards.
7. The competent authorities of the Member States shall cooperate actively to enforce promptly the data subject’s rights to access, rectification, completion, erasure and restriction of the processing of personal data.
8. Whenever a person requests access to data relating to him or her, the competent authority shall keep a record in the form of a written document that such a request was made and how it was addressed, and shall make that document available to the national supervisory authorities without delay.
9. The national supervisory authority of the Member State which has transmitted the data and the national supervisory authority of the Member State in which the data subject is present shall, where requested, provide information to the data subject concerning the exercise of his or her right to request from the data controller access to, rectification, completion, erasure or the restriction of the processing of personal data concerning him or her. The supervisory authorities shall cooperate in accordance with Chapter VII of .
Correlation table
| Regulation (EU) No 603/2013 | This Regulation |
| — | Article 43(1) |
| — | Article 43(2) |
| — | Article 43(3) |
| — | Article 43(4) |
| — | Article 43(5) |
| — | Article 43(6) |
| — | Article 43(7) |
| — | Article 43(8) |