In addition, access should be allowed on condition that a prior search in the national biometric databases of the Member State and in the automated fingerprinting identification systems of all other Member States under Council Decision 2008/615/JHA (29) has been conducted, unless the consultation of in accordance with Article 22(2) of indicates that the data of the person concerned are stored in Eurodac. That condition requires the requesting Member State to conduct comparisons with the automated fingerprinting identification systems of all other Member States under Decision 2008/615/JHA which are technically available, unless that Member State can justify that there are reasonable grounds to believe that it would not lead to the establishment of the identity of the data subject. Such reasonable grounds exist, in particular, where the specific case does not present any operational or investigative link to a given Member State. That condition requires the prior legal and technical implementation of Decision 2008/615/JHA by the requesting Member State in the area of fingerprint data, as it should not be permitted to conduct a Eurodac check for law enforcement purposes where the requirements for meeting that condition have not been fulfilled. In addition to the prior check of the databases, designated authorities should also be able to conduct a simultaneous check in the , provided that the conditions for a comparison with the data stored therein, as laid down in Council Decision 2008/633/JHA (30), have been met.
29. Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 1). ↩︎
30. Council Decision 2008/633/JHA of 23 June 2008 concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences (OJ L 218, 13.8.2008, p. 129). ↩︎