EDPS Warns Frontex Over Violations in Data Sharing
The European Data Protection Supervisor (EDPS) has issued a reprimand to Frontex, the European Border and Coast Guard Agency, for failing to comply with Regulation (EU) 2019/1896. This regulation governs the transmission of personal data of suspects involved in cross-border crimes to Europol, the European Union’s agency for law enforcement cooperation. An audit conducted by the EDPS in October 2022 revealed that Frontex was systematically sharing information from debriefing interviews with Europol without assessing the necessity of such sharing, as required by the regulation.
The EDPS’s audit focused on Frontex’s activities at the EU external borders, particularly during joint operations where individuals intercepted while crossing borders were interviewed. The audit found that Frontex collected information on suspects based on testimonies and shared this information with Europol without proper assessment. This practice posed significant risks, as unreliable or inaccurate information could have serious consequences for individuals wrongly linked to criminal activities.
The EDPS emphasized the importance of Frontex adhering to legal safeguards to prevent individuals from being unnecessarily included in Europol’s systems. Such data processing can have profound impacts on personal and family life, freedom of movement, and occupation. Although the EDPS identified a severe breach of the Frontex Regulation, it opted for a reprimand, acknowledging that Frontex ceased its data sharing with Europol five days after the audit report was adopted in May 2023.
Since then, Frontex has engaged in discussions with Europol to establish criteria for assessing the necessity of information sharing. Only once has Frontex shared personal data with Europol under the new protocol, following a precise assessment. These efforts aim to ensure compliance with the regulation and safeguard individuals’ rights and freedoms.
Source: EDPS reprimands Frontex for non-compliance with Regulation (EU) 2019/1896
