Commission Delegated Regulation (EU) 2023/333 of 11 July 2022 supplementing Regulation (EU) 2019/817 of the European Parliament and of the Council as regards determining cases where identity data are considered as same or similar for the purpose of the multiple identity detection

Definitions

Article 1

For the purposes of this Regulation, the following definitions apply: (1)  ‘identity data’ means the following data: (a)  surname (family name); first name or names (given names); date of birth; nationality or nationalities; and sex; as referred to in Articles 16(1)(a), 17(1) and 18(1) of Regulation (EU) 2017/2226 of the European Parliament and of the Council ( 1 ); (b)  surname (family name), first name(s) (given name(s)), surname at birth; alias(es); date of birth, place of birth, sex and current nationality; as referred to in Article 17(2) of Regulation (EU) 2018/1240 of the European Parliament and of the Council ( 2 ); (c)  surnames, forenames, names at birth, previously used names and aliases, place of birth, date of birth, gender and any nationalities held, as referred to in Article 20(2) of Regulation (EU) 2018/1861 of the European Parliament and of the Council ( 3 ); (d)  surnames, forenames, names at birth, previously used names and aliases, place of birth, date of birth, gender and any nationalities held, as referred to in Article 4 of Regulation (EU) 2018/1860 of the European Parliament and of the Council ( 4 ); (e)  surnames, forenames, names at birth, previously used names and aliases, place of birth, date of birth, gender and any nationalities held as referred to in Article 20(3) of Regulation (EU) 2018/1862 of the European Parliament and of the Council ( 5 ); (f)  surname (family name), first names (given names), date of birth, place of birth (town and country), nationality or nationalities and gender, previous names, if applicable as referred to in Article 5(1), point (a)(i), of Regulation (EU) 2019/816 of the European Parliament and of the Council ( 6 ); (g)  until the start of operations of the Visa Information System pursuant to Article 11 of Regulation (EU) 2021/1134 of the European Parliament and of the Council ( 7 ): surname (family name), first name or names (given names), date of birth, sex, place and country of birth, and nationalities as referred to in Article 9(4), points (a) and (aa), of Regulation (EC) No 767/2008 of the European Parliament and of the Council ( 8 ); (h)  from the start of operations of the Visa Information System pursuant to Article 11 of Regulation (EU) 2021/1134: surname (family name), first name(s) (given name(s)), date of birth, place and country of birth, sex, and nationality or nationalities as referred to in Article 9(4), points(a) and (aa), and in Article 22a(1), point (d), of Regulation (EC) No 767/2008; (i)  surname(s) and forename(s), name(s) at birth and previously used names and any aliases; nationality(ies); date of birth; place of birth and sex; as referred to in Article 17(1), points (c) to (f) and (h), Article 19(1) points (c) to (f) and (h), 21(1), points (c) to (f) and (h), Article 22(2), points (c) to (f) and (h), Article 23(2), points (c) to (f) and (h), Article 26(2), points (c) to (f) and (h) of Regulation (EU) 2024/1358 of the European Parliament and of the Council ( 9 ); (2)  ‘equal’ means a 100 % correspondence between data from two different EU information systems, including, where necessary, the use of a conversion-harmonisation functionality for harmonising the format of all data before comparison; (3)  ‘transliteration’ means a type of conversion of a text from one script to another that involves swapping letters in previously identified ways.

Same identity data

Article 2

The procedures for determining the cases where identity data shall be considered as the same are set out in Annex I.

Similar identity data

Article 3

The procedures for determining the cases where identity data shall be considered as similar are set out in Annex II.

Logs

Article 4

1.   The common identity repository shall keep the logs of the comparison of data containing, at least: (a)  the date and time of the comparison; (b)  the result of the comparison, including which identity data was considered as same or similar; (c)  the colour of the link following the automated comparison; (d)  the colour of the link following the manual processing subsequent to the creation of a yellow link; (e)  the amendments to the links, including where the identity data was considered as similar. 2.   The logs shall be stored in the common identity repository. They shall be stored for no longer than one year following the comparison of data. After that period, they shall be automatically erased. 3.   The logs shall be used by the common identity repository to produce automatic reports of activities and to support and monitor the accuracy of the comparison of data between EU information systems.

Entry into force

Article 5

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

ANNEX ISupplementary provisions

ANNEX I 1.    DATA FROM DIFFERENT INFORMATION SYSTEMS   Data-category SIS EES ETIAS ECRIS-TCN VIS Eurodac 1 Names (including surname and first name) Surnames Previously used surnames Aliases surnames Forenames Previously used forenames Aliases forenames Names at birth Surname (family name) First name Names Given names Surname (family name) Surname at birth Other names (aliases, artistic names, usual names) First name(s) Given name(s) Surname (family name) Pseudonyms Aliases Previous names First names (Given names) Pseudonyms Aliases Previous names Surname (family name) Surname at birth (former family name(s)) First name(s) (given name(s)) Surname(s) Forename(s) Name(s) at birth Previously used names Aliases 2 Date of birth Date of birth Aliases date of birth Date or birth Date of birth Date of birth Date of birth Date of birth 3 Gender Gender Aliases gender Sex Sex Gender Sex Sex 4 Nationality and place of birth Any nationalities held Aliases nationality Place of birth (country of birth) Aliases place of birth (country of birth) Nationality Nationalities Current Nationality Place of birth Nationality Nationalities Place of birth (town and country) Current nationality Nationalities Nationality at birth Place and country of birth Nationality Nationalities Place of birth In the case of the Schengen Information System, for each data provided for in the table, the identity data may belong to one of the following categories: (a)  ‘confirmed identity’, where the person’s identity has been confirmed on the basis of genuine identification documents, as a result of biometric matching or by a statement from the competent authorities; (b)  ‘not confirmed identity’, where there is not sufficient proof of the person’s identity; (c)  ‘alias’, where a person uses a false or assumed identity; (d)  ‘misused identity’, where a person, subject to an alert in the Schengen Information System, uses the identity of another real person, in particular when a document is used to the detriment of the real owner of that document. For the purposes of this table, aliases identity data refer to categories (b), (c) and (d), while the non-alias data refer to category (a). 2.    SAME IDENTITY DATA This Annex lays down the cases in which identity data shall be considered as the same. In order for identity data to be considered as the same, all the conditions of Section 3 should be fulfilled. 3.    CASES WHERE IDENTITY DATA SHALL BE CONSIDERED AS THE SAME PER DATA CATEGORY In order for identity data to be considered as the same, where a link is created between data from two EU information systems, the cumulative conditions laid down in Sections 3.1, 3.2, 3.3 and 3.4 shall be met. 3.1.    Names Data-category SIS EES ETIAS ECRIS-TCN VIS Eurodac Names (including surname and first name) Surnames Previously used surnames Aliases surnames Forenames Previously used forenames Names at birth Aliases forenames Surname (family name) First name Names Given names Surname (family name) Surname at birth Other names (aliases, artistic names, usual names) First name(s) Given name(s) Surname (family name) Pseudonyms Aliases Previous names First names (Given names) Pseudonyms Aliases Previous names Surname (family name) Surname at birth (former family name(s)) First name(s) (given name(s)) Surname(s) Forename(s) Name(s) at birth Previously used names Aliases In order for identity data to be considered as the same, where a link is created between data from two EU information systems, the following cumulative conditions must be met: (a)  the data inserted in at least one of the following data fields is equal in the two systems: (i)  surname; (ii)  family name; (iii)  previously used surnames; (iv)  surname at birth; (v)  other names (aliases, artistic names, usual names); (vi)  pseudonyms; (vii)  aliases surnames; (viii)  previous names; (ix)  former family names; (b)  the data inserted in at least one of the following data fields is equal in the two systems: (i)  first name; (ii)  forename; (iii)  name; (iv)  given names; (v)  previously used forenames; (vi)  other names (aliases, artistic names, usual names); (vii)  pseudonyms; (viii)  aliases forenames; (ix)  previous names. 3.2.    Date of birth Data-category SIS EES ETIAS ECRIS-TCN VIS Eurodac Date of birth Date of birth Aliases date of birth Date or birth Date of birth Date of birth Date of birth Date of birth In order for identity data to be considered as the same, where a link is created between data from two EU information systems, the values contained under the data-category ‘date of birth’ must be equal in both systems. 3.3.    Gender Data-category SIS EES ETIAS ECRIS-TCN VIS Eurodac Gender Gender Aliases gender Sex Sex Gender Sex Sex In order for identity data to be considered as the same, where a link is created between data from two EU information systems, the data contained under the data-category ‘gender’ must be equal in both systems. 3.4.    Nationalities and place of birth Data-category SIS EES ETIAS ECRIS-TCN VIS Eurodac Nationalities and place of birth Any nationalities held Aliases nationality Place of birth (country of birth) Aliases place of birth (country of birth) Nationality Nationalities Current Nationality Place of birth Nationality Nationalities Place of birth (town and country) Current nationality Nationalities Nationality at birth Place and country of birth Nationality Nationalities Place of birth In order for identity data to be considered as the same, where a link is created between data from two EU information systems, at least one of the data fields under the data-category ‘nationalities and place of birth’ must be equal in both systems, including at least one of the nationalities.

ANNEX IISupplementary provisions

ANNEX II 1.    DATA FROM DIFFERENT INFORMATION SYSTEMS   Data-category SIS EES ETIAS ECRIS-TCN VIS Eurodac 1 Names (including surname and first name) Surnames Previously used surnames Aliases surnames Forenames Previously used forenames Aliases forenames Names at birth Surname (family name) First name Names Given names Surname (family name) Surname at birth Other names (aliases, artistic names, usual names) First name(s) Given name(s) Surname (family name) Pseudonyms Aliases Previous names First names (Given names) Pseudonyms Aliases Previous names Surname (family name) Surname at birth (former family name(s)) First name(s) (given name(s)) Surname(s) Forename(s) Name(s) at birth Previously used names Aliases 2 Date of birth Date of birth Aliases date of birth Date or birth Date of birth Date of birth Date of birth Date of birth 3 Gender Gender Aliases gender Sex Sex Gender Sex Sex 4 Nationality and place of birth Any nationalities held Aliases nationality Place of birth (country of birth) Aliases place of birth (country of birth) Nationality Nationalities Current Nationality Place of birth Nationality Nationalities Place of birth (town and country) Current nationality Nationalities Nationality at birth Place and country of birth Nationality Nationalities Place of birth In the case of the Schengen Information System, for each data provided for in the table, the identity data may belong to one of the following categories: (a)  ‘confirmed identity’, where the person’s identity has been confirmed on the basis of genuine identification documents, as a result of biometric matching or by a statement from the competent authorities; (b)  ‘not confirmed identity’, where there is not sufficient proof of the person’s identity; (c)  ‘alias’, where a person uses a false or assumed identity; (d)  ‘misused identity’, where a person, subject to an alert in the Schengen Information System, uses the identity of another real person, in particular when a document is used to the detriment of the real owner of that document. For the purposes of this table, aliases identity data refer to categories (b), (c) and (d), while the non-alias data refer to category (a). 2.    SIMILAR IDENTITY DATA Section 3 provides an exhaustive list of rules for when identity data shall be considered as similar. eu-LISA, assisted and advised by the Interoperability Advisory Group, shall apply these rules by means of an algorithm in consultation with the Commission assisted and advised by the Interoperability Subgroup of the Expert Group on Information Systems for Borders and Security (‘Expert Group’). eu-LISA shall monitor the impact of the application of the algorithm and report, on a regular basis, to the Expert Group. Where necessary, in order to limit the number of cases in which yellow links generated by the multiple-identity detector would need to be turned into white links by the responsible authorities, the Commission, assisted and advised by the Expert Group, shall request eu-LISA to adjust the algorithm by prioritising the yellow links created between identity data that are considered more similar, in compliance with the rules in Section 3. The multiple-identity detector shall always check identity data against all rules laid down in section 3. 3.    CASES WHERE IDENTITY DATA SHALL BE CONSIDERED AS SIMILAR 3.1.    Names Data-category SIS EES ETIAS ECRIS-TCN VIS Eurodac Names (including surname and first name) Surnames Previously used surnames Aliases surnames Forenames Previously used forenames Names at birth Aliases forenames Surname (family name) First name Names Given names Surname (family name) Surname at birth Other names (aliases, artistic names, usual names) First name(s) Given name(s) Surname (family name) Pseudonyms Aliases Previous names First names (Given names) Pseudonyms Aliases Previous names Surname (family name) Surname at birth (former family name(s)) First name(s) (given name(s)) Surname(s) Forename(s) Name(s) at birth Previously used names Aliases Identity data of the data-category ‘names’ shall be considered similar where there are: (a)  known transliteration in names; (b)  inversions of the following categories of data: (i)  surname; family name; previously used surnames; surname at birth, name at birth; aliases surnames, former family names; (ii)  first name; forename; name; given names; previously used forenames; aliases forenames; (c)  cases where the first name, forename and surname are regrouped in one of the data fields; (d)  cases where the order of two words is inversed, including both adjacent and non-adjacent; (e)  cases where the order of two letters is inversed, including both adjacent and non-adjacent; (f)  cases where a single character edit including insertions, deletions and substitutions is required to have a data-category of one EU information system being equal to a data-category in another EU information system; (g)  cases where a difference is found due to the use of hyphens, commas or apostrophes; (h)  cases where the name is truncated. 3.2.    Date of birth Data-category SIS EES ETIAS ECRIS-TCN VIS Eurodac Date of birth Date of birth Aliases date of birth Date or birth Date of birth Date of birth Date of birth Date of birth Identity data of the data-category ‘date of birth’ shall be considered similar where there are: (a)  cases where the fields of month and day match if they are inversed; (b)  cases where the difference in date of birth is due to a known conversion of different calendars; (c)  cases where a single character edit including insertions, deletions and substitutions is required to have a data-category of one EU information system being equal to a data-category in another EU information system. 3.3.    Gender Data-category SIS EES ETIAS ECRIS-TCN VIS Eurodac Gender Gender Aliases gender Sex Sex Gender Sex Sex 3.4.    Nationalities and place of birth Data-category SIS EES ETIAS ECRIS-TCN VIS Eurodac Nationalities and place of birth Any nationalities held Aliases nationality Place of birth (country of birth) Aliases place of birth (country of birth) Nationality Nationalities Current Nationality Place of birth Nationality Nationalities Place of birth (town and country) Current nationality Nationalities Nationality at birth Place and country of birth Nationality Nationalities Place of birth Identity data of the data-category ‘nationalities and place of birth’ shall be considered similar where there are: (a)  known transliteration in nationalities or place of birth; (b)  cases where a single character edit including insertions, deletions and substitutions is required to have a data-category of one EU information system being equal to a data-category in another EU information system; (c)  known cases where nationalities/countries/cities changed their denomination.