European Data Protection Supervisor: EC Should Assess Migrants' Privacy Rights
The European Commission should conduct an in-depth risk assessment to identify and mitigate potential privacy and data risks to the rights of vulnerable people in the migration system, the European Data Protection Supervisor (EDPS) said Tuesday.
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The opinion responded to an EC proposal to establish an EU-wide system for the return of third-country nationals staying illegally in the EU.
The office "acknowledges the need for more effective enforcement of existing EU and EU Member States' laws in the area of migration and asylum," said EDPS Wojciech Wiewiorowski. However, data protection is "one of the last lines of defense for vulnerable individuals" such as migrants and asylum seekers approaching the EU's external borders. The proposed approach "must be based on full respect" for privacy and data protection rights, he said.
The opinion recommended that people get the right to information about the reasons for return decisions. In addition, it said the proposal should be aligned with applicable EU legislation on data protection and other legal acts linked to the bloc's pact on migration and asylum; and that there should be safeguards for personal data transferred to third countries.
The EDPS also recommended that the conditions under which children's personal data might be transferred to the country of return be specified "after a thorough assessment that the transfer is in the minors’ best interest and will not endanger their well-being."