A newly released European Migration Network (EMN) Inform examines how biometric data of third-country nationals is managed across 24 EMN Member and three Observer Countries. The report, titled “Processing the Biometric Data of Third-Country Nationals,” explores the legal frameworks, operational practices, and associated challenges surrounding the collection, processing, international transfer and storage of this sensitive data during the migration process.
A newly released European Migration Network (EMN) Inform examines how biometric data of third-country nationals is managed across 24 EMN Member and three Observer Countries. The report, titled “Processing the Biometric Data of Third-Country Nationals,” explores the legal frameworks, operational practices, and associated challenges surrounding the collection, processing, international transfer and storage of this sensitive data during the migration process.
Biometric data encompasses information like fingerprints and facial images, captured through advanced technical processes. These data play a critical role in verifying identities and facilitating migration processes. The report highlights that in the responding countries biometric data is commonly collected from applicants of international protection, long-stay visas, residence permits, as well as short-term visas. Six countries also collect DNA data under specific conditions. Although less frequently, biometric data is also collected during returns, removal, and border crossing procedures.
Participating countries have established specific rules to govern biometric data collection. These include age restrictions for fingerprinting, which range from six to 14 years depending on the country and migration process, as well as measures to prevent discrimination. These include measures to accommodate individuals with disabilities and well as cultural or religious needs.
Approaches to storing biometric data vary among countries. Many countries utilize centralized repositories, though the duration of data retention differs. The most common data controllers for the collection and processing of biometric data under national legislation are the Ministry of the Interior, Immigration or Asylum Authorities, the police, and the Ministry of Foreign Affairs. Other data controllers include the Ministry of Justice and Security, administrative courts at the federal level, or a Parliamentary Commission for Human Rights.
When it comes to the international transfer of biometric data, 21 countries permit this transfer. Thirteen of these countries report transferring data internationally when it is explicitly permitted or required by law, an international legal obligation such as a treaty, or an EU regulation. Generally, the transfer of biometric data across borders is prohibited, except in specific cases like those covered by the Visa Information System (VIS) or Eurodac Regulations.
The full inform, “Processing the Biometric Data of Third-Country Nationals,” is available in the Publications section on the EMN website.