Proposal for a regulation
Article 38
Transfer of data to third countries for the 1. By way of derogation from Article 37 of this Regulation, the personal data relating to persons referred to in Articles 10(1), 13(2), 14(1) obtained by a Member State following a hit for the purposes laid down in Article 1(1)(a) or (b) may be transferred or made available to a third- country in accordance with Article 46 of Regulation (EU) No. […/2016], if necessary in order to prove the identity of third-country nationals for the purpose of return, only where the following conditions are satisfied: (b) the third country explicitly agrees to use the data only for the purpose for which they were provided and to what is lawful and necessary to secure the purposes laid down in Article 1(1)(b) and to delete that data where it is no longer justified to keep it; (c) the Member State of origin which entered the data in the Central System has given its consent and the individual concerned has been informed that his or her personal information may be shared with the authorities of a third-country. 2. No information regarding the fact that an application for international protection has been made in a Member State shall be disclosed to any third-country for persons related to Article 10(1), particularly where that country is also the applicant's country of origin. 3. A third-country shall not have direct access to the Central System to compare or transmit fingerprint data or any other personal data of a third-country national or stateless person and shall not be granted access via a Member State's designated National Access Point.Article 38 deleted purpose of return