EDPS Issues Opinion on Proposal for EU Return System of Illegal Third-Country Nationals
The European Data Protection Supervisor (EDPS) has issued an Opinion on the Proposal for a Regulation aimed at creating a common system for the return of third-country nationals who are staying illegally in the European Union (EU). The proposal seeks to simplify and harmonize rules across Member States to ensure effective return and re-admission processes. Given the significant impact on the fundamental rights of the individuals concerned, especially their rights to privacy and data protection, the EDPS recommends conducting a thorough fundamental rights impact assessment to identify and mitigate potential risks.
The EDPS emphasizes the importance of providing clear information to individuals about the reasons behind return decisions. It advises that the proposal should explicitly include the rights of data subjects under EU data protection laws, ensuring that third-country nationals are fully informed of their rights during the return procedure. The EDPS also suggests limiting the disclosure of reasons for return only in exceptional cases, such as when disclosure could threaten state security, and only when strictly necessary.
Special attention is drawn to the transfer of personal data to third countries, particularly data related to criminal convictions. The EDPS calls for strict necessity tests before such transfers and insists that they must never lead to the imposition of the death penalty or any form of cruel or inhuman treatment. Additionally, the transfer of minors’ personal data should only occur after a careful assessment confirming that it is in their best interest and does not jeopardize their well-being.
The EDPS underlines that data protection is a fundamental right and one of the last lines of defense for vulnerable individuals like migrants and asylum seekers. The proposed EU-wide return system must fully respect fundamental rights, including privacy and data protection. The EDPS’s recommendations aim to ensure that the regulation aligns with existing EU data protection laws and safeguards the rights and dignity of individuals involved in return procedures.
