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Eurodac Regulation:
Recital 85

By way of derogation from the rule that no personal data obtained by a Member State pursuant to this Regulation should be transferred or made available to any third country, it should be possible to transfer such personal data to a third country where such a transfer is subject to strict conditions and is necessary in individual cases in order to assist with the identification of a third-country national in relation to his or her return. The transfer of any personal data should be subject to strict conditions. Where such personal data are transferred, information relating to the fact that an application for international protection has been made by that third-country national should not be disclosed to a third-country. The transfer of any personal data to third countries should be carried out in accordance with Regulation (EU) 2016/679General Data Protection Regulation (GDPR) and be conducted with the agreement of the Member State of origin. Third countries of return are often not subject to adequacy decisions adopted by the Commission under Regulation (EU) 2016/679General Data Protection Regulation (GDPR). Furthermore, the extensive efforts of the Union in cooperating with the main countries of origin of illegally staying third-country nationals subject to an obligation to return have not ensured the systematic fulfilment by such third countries of the obligation established by international law to readmit their own nationals. Readmission agreements, concluded or being negotiated by the Union or the Member States and providing for appropriate safeguards for the transfer of data to third countries pursuant to Article 46 of Regulation (EU) 2016/679General Data Protection Regulation (GDPR), cover a limited number of such third countries and the conclusion of new readmission agreements remains uncertain. In such situations, and as an exception to the requirement of an adequacy decision or appropriate safeguards, the transfer of personal data to third-country authorities pursuant to this Regulation should be allowed for the purpose of implementing the return policy of the Union, and it should be possible to use the derogation provided for in Regulation (EU) 2016/679General Data Protection Regulation (GDPR), provided that the conditions laid down in that Regulation are met. The implementation of Regulation (EU) 2016/679General Data Protection Regulation (GDPR), including with regard to transfers of personal data to third countries pursuant to this Regulation, is subject to monitoring by the national independent supervisory authority. Regulation (EU) 2016/679General Data Protection Regulation (GDPR) applies with regard to the responsibility of the Member States’ authorities as controllers within the meaning of that Regulation.


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Categories: Recitals Key words: 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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