Information exchange systems
1. The Agency shall facilitate the exchange of information relevant to its tasks with the Commission, the Member States and, where appropriate, the relevant Union bodies, offices and agencies.
2. The Agency shall, in cooperation with the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), established by Regulation (EU) 2018/1726 of the European Parliament and of the Council ( 22 ) , develop and operate an information system capable of exchanging classified information in accordance with Council Decision 2013/488/EU ( 23 ) and Commission Decision (EU, Euratom) 2015/444 ( 24 ) and personal data as referred to in Articles 31 and 32 of this Regulation with the actors referred to in paragraph 1 of this Article.
Data Protection
1. The Agency shall apply Regulation (EU) 2018/1725 when processing personal data.
2. The Management Board shall take measures for the application of Regulation (EU) 2018/1725 by the Agency, including measures concerning the appointment of the Agency’s data protection officer. Those measures shall be taken after consulting the European Data Protection Supervisor.
3. Without prejudice to Articles 31 and 32, the Agency may process personal data for necessary administrative purposes related to personnel.
4. The transfer of personal data processed by the Agency and the onward transfer by Member States of personal data processed in the framework of this Regulation to authorities of third countries or to third parties, including international organisations, shall be prohibited.
5. By way of derogation from paragraph 4, the Agency may transfer, subject to the informed and freely given consent of a third-country national identified for the sole purpose of conducting a resettlement procedure, his or her full name, information on the course of the resettlement procedure involving him or her and information on the outcome of such a resettlement procedure to relevant international organisations to the extent necessary for that purpose. Such personal data shall not be further processed for any other purpose or transferred onwards.
6. Where experts participating in asylum support teams process personal data under the instructions of the host Member State during the provision of operational and technical assistance to that Member State, Regulation (EU) 2016/679 shall apply.
Purposes of processing personal data
1. The Agency shall process personal data only to the extent necessary and for the following purposes:
(a)
providing operational and technical assistance in accordance with Article 16(2) and Article 21(2) and (3);
(b)
carrying out case sampling for the purposes of monitoring as referred to in Article 14;
(c)
facilitating the exchange of information with the competent national authorities, the European Border and Coast Guard Agency, Europol or Eurojust in accordance with Article 37 and in the framework of information obtained when performing the tasks listed in Article 21(3) where necessary for the performance of their tasks in accordance with their respective mandates;
(d)
analysing information on the situation of asylum as referred to in Article 5;
(e)
assisting Member States with their actions on resettlement.
2. Any processing of personal data shall respect the principle of proportionality and be strictly limited to personal data necessary for the purposes referred to in paragraph 1.
3. Member States or other Union bodies, offices and agencies providing personal data to the Agency shall only transfer data to the Agency for the purposes referred to in paragraph 1. Any processing of retained personal data for purposes other than those referred to in paragraph 1 shall be prohibited.
4. Member States or other Union bodies, offices and agencies providing personal data to the Agency may indicate, at the moment of transferring personal data, any restriction on access or use, in general or specific terms, including as regards transfer, erasure or destruction. Where the need for such restrictions becomes apparent after the transfer of personal data, the Member State or Union body, office or agency concerned shall inform the Agency accordingly. The Agency shall comply with such restrictions.
Processing of personal data for the provision of operational and technical assistance and for the purposes of resettlement
1. The processing by the Agency of personal data collected by or transmitted to it by the Member States or by its own staff when providing operational and technical assistance to Member States and for the purposes of resettlement shall be limited to the following data on third-country nationals:
(a)
full name;
(b)
date and place of birth;
(c)
place of residence or stay;
(d)
gender;
(e)
age;
(f)
nationality;
(g)
profession;
(h)
education;
(i)
family members;
(j)
date and place of arrival;
(k)
fingerprint data;
(l)
facial image data; and
(m)
status in relation to international protection.
2. The Agency may process the personal data referred to in paragraph 1 where necessary for one of the following purposes:
(a)
to take an operational and technical measure under Article 16(2), point (a), (b), (c), (g) or (h);
(b)
to transmit those personal data to the European Border and Coast Guard Agency, Europol or Eurojust for the performance of their tasks in accordance with their respective mandates and in accordance with Article 30;
(c)
to transmit those personal data to the national authorities responsible for asylum and immigration and other relevant services in accordance with national law and national and Union data protection rules;
(d)
to analyse information on the situation of asylum as referred to in Article 5;
(e)
to assist Member States with their actions on resettlement.
3. Where strictly necessary for an operational and technical measure under Article 16(2), point (c), or for the purpose referred to in paragraph 2, point (e), of this Article, the Agency may, in relation to a specific case, process personal data necessary for the assessment of whether a third-country national qualifies for international protection and personal data concerning the health or specific vulnerabilities of a third-country national. Those personal data shall be made accessible only to staff who, in the specific case, need knowledge of them. Those staff shall safeguard the confidentiality of that data. Such personal data shall not be further processed or transferred onwards.
4. The Agency shall delete personal data as soon as it has transmitted them to the European Border and Coast Guard Agency, Europol or Eurojust or to the competent national authorities or as soon as they have been used to analyse information on the situation of asylum as referred to in Article 5. In any event, the data storage period shall not exceed 30 days from the date on which the Agency collects or receives those personal data. The Agency shall anonymise personal data in the information analysis on the situation of asylum referred to in Article 5.
5. The Agency shall delete personal data obtained for the purpose referred to in Article 31(1), point (e), as soon as they are no longer necessary for the purpose for which they were obtained and, in any event, no later than 30 days from the date on which the third-country national was resettled.
6. Without prejudice to other rights provided for in Regulation (EU) 2016/679 and in addition to the information referred to in Article 13 of that Regulation, experts participating in asylum support teams transmitting personal data pursuant to paragraph 1 of this Article shall provide third-country nationals, at the time of the collection of their personal data, with the contact details of the relevant supervisory authority responsible for monitoring and enforcing compliance with that Regulation.
Cooperation with Denmark
The Agency shall facilitate operational cooperation with Denmark, including the exchange of information and best practices in matters covered by its activities.
Cooperation with associated countries
1. The Agency shall be open to the participation of Iceland, Liechtenstein, Norway and Switzerland.
2. The nature, extent and manner in which Iceland, Liechtenstein, Norway and Switzerland are to participate in the Agency’s work shall be set out in relevant arrangements. Those arrangements shall include provisions relating to participation in initiatives undertaken by the Agency, financial contributions, participation in the meetings of the Management Board and staff. As regards staff, the arrangements shall comply with the Staff Regulations of Officials of the European Union (the ‘Staff Regulations’) and the Conditions of Employment of Other Servants of the Union (the ‘Conditions of Employment’) laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 ( 25 ) .
Cooperation with third countries
1. In matters related to its activities and to the extent required for the fulfilment of its tasks, the Agency shall facilitate and encourage operational cooperation between Member States and third countries, within the framework of the Union’s external policy, including with regard to the protection of fundamental rights, and in cooperation with the EEAS. The Agency and the Member States shall promote and comply with norms and standards which form part of Union law, including when carrying out activities on the territory of third countries.
2. The Agency may cooperate with the authorities of third countries competent in matters covered by this Regulation with the support of and in coordination with Union delegations, in particular with a view to promoting Union standards on asylum, assisting third countries as regards expertise and capacity building for their own asylum and reception systems, and implementing regional development and protection programmes and other actions. The Agency may carry out such cooperation within the framework of working arrangements concluded with those authorities in accordance with Union law and policy. The Management Board shall decide on those working arrangements, which shall be subject to prior approval by the Commission. The Agency shall inform the European Parliament and the Council before a working arrangement is concluded.
3. Within the framework of cooperation with third countries, the Agency may support a Member State in the implementation of resettlement schemes, at the request of that Member State.
4. Within the framework of the Union’s external policy, the Agency shall, where appropriate, participate in the implementation of international agreements concluded by the Union with third countries regarding matters covered by this Regulation.
5. The Agency may benefit from Union funding in accordance with the provisions of the relevant instruments supporting the Union’s external policy. The Agency may launch and finance technical assistance projects in third countries regarding matters covered by this Regulation.
6. The Agency shall inform the European Parliament of activities conducted pursuant to this Article by means of its annual report on the situation of asylum in the Union referred to in Article 69. That report shall also include an assessment of the cooperation with third countries.
Liaison officers in third countries
1. The Agency may deploy experts from its own staff as liaison officers. Liaison officers shall enjoy the highest possible protection when carrying out their duties in third countries. Liaison officers shall only be deployed to third countries whose migration and asylum management practices comply with non-derogable human rights standards.
2. Within the framework of the Union’s external policy, priority for the deployment of liaison officers shall be given to those third countries which, on the basis of the information analysis on their situation of asylum referred to in Article 5, constitute countries of origin or transit regarding asylum-related migration. The deployment of liaison officers shall be subject to approval by the Management Board.
3. The tasks of the liaison officers shall include, in compliance with Union law and in a manner that fully respects fundamental rights, establishing and maintaining contacts with the competent authorities of the third country to which they are deployed with a view to gathering information, contributing to the establishment of protection-sensitive migration management and, as appropriate, facilitating access to legal pathways to the Union for persons in need of protection, including by means of resettlement. The liaison officers shall coordinate closely with Union delegations and, where appropriate, international organisations and bodies, in particular the UNHCR.
4. The decision of the Agency to deploy liaison officers to third countries shall be subject to receiving the prior opinion of the Commission. The European Parliament shall be kept fully informed accordingly without delay.
Cooperation with Union bodies, offices and agencies
1. The Agency shall cooperate with the Union bodies, offices and agencies which carry out activities relating to its field of activity, in particular the bodies, offices and agencies in the field of justice and home affairs which are competent in matters covered by this Regulation.
2. Cooperation as referred to in paragraph 1 shall take place, subject to the Commission’s prior approval, within the framework of working arrangements concluded with the Union bodies, offices and agencies referred to in that paragraph. The Agency shall inform the European Parliament and the Council of any such working arrangements.
3. Cooperation as referred to in paragraph 1 shall create synergies among the relevant Union bodies, offices and agencies, and any duplication of effort in the work carried out by each Union body, office or agency pursuant to its mandate shall be avoided.
Cooperation with the UNHCR and other international organisations
The Agency shall cooperate with international organisations, in particular the UNHCR, in areas governed by this Regulation, within the framework of working arrangements concluded with such organisations, in accordance with the Treaties and the instruments setting out the competence of such organisations. The Management Board shall decide on the working arrangements, which shall be subject to prior approval by the Commission. The Agency shall inform the European Parliament and the Council of any such working arrangements.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
