21 Amendments of Eva JOLY related to 2018/0104(COD)
Amendment 85 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) Biometric data collected for the purpose of this Regulation, be it for identity cards or residence cards holders, should not be stored in centralised European nor national databases as the creation of national dactyloscopic databases of all identity and residence cards holders would constitute a grave interference with the Articles 7 and 8 of the Charter.
Amendment 87 #
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9 b) Once stored in the chip, biometric data collected should be immediately deleted and should not be able to be further processed for purposes other than those explicitly set out in this Regulation.
Amendment 89 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) The compulsory storage of biometric identifiers should be limited to facial images, as this would be sufficient to achieve the purpose of security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement.
Amendment 91 #
Proposal for a regulation
Recital 11
Recital 11
(11) The procedure for taking fingerprints and a facial imagebiometric identifiers should take into account the specific needs of children, should be undertaken in a child-sensitive and in a gender-sensitive manner and be applied in accordance with the safeguards laid down in Article 24 the Charter of Fundamental Rights of the European Union, in the Convention for the Protection of Human Rights and Fundamental Freedoms and in the United Nations Convention on the Rights of the Child.
Amendment 95 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) Any match concerning children and people age 70 or older carried out with biometric identifiers taken more than five years prior to the matching should be subject to a compulsory manual check by dactyloscopic expert.
Amendment 98 #
Proposal for a regulation
Recital 13
Recital 13
(13) TWhe Regulation shalln implementing this Regulation, Member States should respect the obligations set in the United Nations Convention on the Rights of Persons with Disabilities ratified by all Member States and the Union37 and in Article 26 of the Charter of Fundamental Rights of the EU. Therefore, the integration of additional features that render identity cards more accessible and user-friendly to people with disabilities, such as visually impaired persons, should be encouraged. _________________ 37 OJ L 23, 26.11.2009
Amendment 101 #
Proposal for a regulation
Recital 18
Recital 18
(18) With regard to the personal data to be processed in the context of the application of this Regulation, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)40 applies. It is necessary to further specify safeguards applicable to the processed personal data, and in particular to sensitive data such as biometric identifiers. Data subjects should be made well aware of the existence in their documents of the storage medium containing their biometric data including its contactless accessibility as well as of all instances where the data contained in their identity cards and residence documents are used. In any case, data subjects should have access to personal data processed in their identity cards and residence documents and have them rectified. The storage medium should be highly secure and protect personal data stored on it from hacking. _________________ 40 OJ L 119, 4.5.2016, p. 1.
Amendment 103 #
Proposal for a regulation
Recital 19
Recital 19
(19) It is necessary to specify in this Regulation the basis for the collection and storage of data on the storage medium of identity cards and residence documents. In accordance with their national legislation or Union law and respecting the necessity and proportionality principles, Member States mayshould store other datanly data essential to the identification on a storage medium for electronic services or other purposes relating to the identity card or residence document. The processing of such data including their collection and the purposes for which they can be used should be authorised by national or Union law. All national data should be physically or logically separated from biometric data referred to in this Regulation.
Amendment 109 #
Proposal for a regulation
Recital 21
Recital 21
(21) The Commission should report on the implementation of this Regulation after three years after its date of application, including on the appropriateness of the level of security. In accordance with paragraphs 22 and 23 of the Interinstitutional Agreement on Better Law-Making41 the Commission should carry out an evaluation of this Regulation on the basis of information collected through specific monitoring arrangements in order to assess the actual effects of the Regulation and the need for any further action and should examine whether the implementation is compliant with the data collection purposes listed in Article 10 (3). _________________ 41 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016; OJ L 123, 12.5.2016, p. 1–14.
Amendment 110 #
Proposal for a regulation
Recital 23
Recital 23
(23) This RegulationWhen implementing this Regulation Member States shall respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union including human dignity, the right to the integrity of the person, the prohibition of inhuman or degrading treatment, the right to equality before the law and non-discrimination, the rights of children, the rights of the elderly, the respect for private and family life, the right to the protection of personal data, the right to free movement and the right to an effective remedy.
Amendment 122 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
(3) Identity cards shall include a highly secure storage medium which shall contain a facial image of the holder of the card and two fingerprints in interoperable formats.
Amendment 126 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
(4) The storage medium shall have sufficient capacity and capability to guarantee the integrity, the security, the authenticity and the confidentiality of the data. The data stored shall be accessible contactless and secured as provided for in the Commission Implementing Decisions adopted in accordance with Article 2 of Regulation (EC) 1030/2002.
Amendment 128 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 138 #
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
(6) When necessary and proportionate to the aim to be achieved, Member States may enter details and observations for national use as required in the light of their national provisions.
Amendment 152 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 169 #
Proposal for a regulation
Article –9 (new)
Article –9 (new)
Article -9 Collection of biometric identifiers (1) The procedure for taking biometric identifiers shall take into account the specific needs of children and shall be undertaken in a child-sensitive and in a gender-sensitive manner and be applied in accordance with the safeguards laid down in Article 24 the Charter of Fundamental Rights of the European Union, in the Convention for the Protection of Human Rights and Fundamental Freedoms and in the United Nations Convention on the Rights of the Child. (2) The following persons shall be exempt from the requirement to give fingerprints: (a) children under the age of 14 years; (b) people above the age of 70 years; (c) persons whose fingerprinting is physically impossible; (3) Any match concerning children and people age 70 or older carried out with biometric identifiers taken more than five years prior to the matching shall be subject to a compulsory manual check by dactyloscopic expert. (4) Where difficulties are encountered in the collection of biometric identifiers, Member States shall ensure that appropriate procedures are in place to guarantee the dignity of the person concerned.
Amendment 176 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
(1) Without prejudice to the application of Regulation (EU) 2016/679, pRegulation (EU) 2016/679 applies to the processing of personal data under this Regulation, in particular to Chapter III on rights of data subjects. Persons to whom an identity card or residence document is issued shall have the right to verify the personal data contained in the documents and, where appropriate, to ask for rectification or erasure.
Amendment 183 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
(3 a) Once stored in the chip, biometric data collected shall immediately be deleted and may not be further processed for purposes other than those set out in this Regulation.
Amendment 186 #
Proposal for a regulation
Article 10 – paragraph 3 b (new)
Article 10 – paragraph 3 b (new)
(3 b) Storage in centralised European or national databases of the biometric data collected for the purpose of this Regulation shall be prohibited.
Amendment 190 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
(1) Four years after its date of application, the Commission shall report to the European Parliament, the Council and the European Economic and Social Committee on the implementation of this Regulation. The report shall in particular examine whether the implementation is compliant with the data collection purposes listed in Article 10 (2).
Amendment 198 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
(2) No sooner than six years after the date of application of this Regulation, the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The evaluation shall assess the fundamental rights impacts of this Regulation. The evaluation shall be conducted according to the Commission's better regulation Guidelines.