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Subject matter
This Regulation establishes a framework for searching and exchanging information between Member States’ competent authorities (the Prüm II framework) by laying down: (a) the conditions and procedures for the automated searching of DNA profiles, dactyloscopic data, certain vehicle registration data, facial images and police records; and (b) the rules regarding the exchange of core data following a confirmed match on biometric data.
Purpose
The purpose of the Prüm II framework is to step up cross-border cooperation in matters covered by Part III, Title V, Chapters 4 and 5, of the Treaty on the Functioning of the European Union, particularly by facilitating the exchange of information between Member States’ competent authorities, in full respect of the fundamental rights of natural persons, including the right to respect for one’s private life and the right to the protection of personal data, in accordance with the Charter of Fundamental Rights of the European Union. The purpose of the Prüm II framework is also to allow Member State’s competent authorities to search for missing persons in the context of criminal investigations or on humanitarian grounds and to identify human remains, in accordance with Article 29, provided that those authorities are empowered to conduct such searches and to carry out such identifications under national law.
Scope
This Regulation applies to the databases established in accordance with national law and used for the automated transfer of DNA profiles, dactyloscopic data, certain vehicle registration data, facial images and police records, in compliance with, as applicable, Directive (EU) 2016/680 or Regulation (EU) 2018/1725, (EU) No 2016/794 or (EU) 2016/679.
Definitions
For the purposes of this Regulation, the following definitions apply: (1) ‘loci’ (singular: ‘locus’) means DNA locations containing identification characteristics of an analysed human DNA sample; (2) ‘DNA profile’ means a letter or number code which represents a set of loci or the particular molecular structure at the various loci; (3) ‘DNA reference data’ means a DNA profile and the reference number referred to in Article 7; (4) ‘identified DNA profile’ means the DNA profile of an identified person; (5) ‘unidentified DNA profile’ means the DNA profile collected during the investigation of criminal offences and belonging to a person not yet identified, including a DNA profile obtained from traces; (6) ‘dactyloscopic data’ means images of fingerprints, images of fingerprint latents, images of palm prints, images of palm print latents and templates of such images (coded minutiae) that are stored and dealt with in an automated database; (7) ‘dactyloscopic reference data’ means dactyloscopic data and the reference number referred to in Article 12; (8) ‘unidentified dactyloscopic data’ means dactyloscopic data collected during the investigation of a criminal offence and belonging to a person not yet identified, including dactyloscopic data obtained from traces; (9) ‘identified dactyloscopic data’ means the dactyloscopic data of an identified person; (10) ‘individual case’ means a single file related to the prevention, detection or investigation of a criminal offence, to the search for a missing person or to the identification of unidentified human remains; (11) ‘facial image’ means a digital image of the face; (12) ‘facial image reference data’ means a facial image and the reference number referred to in Article 21; (13) ‘unidentified facial image’ means a facial image collected during the investigation of a criminal offence and belonging to a person not yet identified, including a facial image obtained from traces; (14) ‘identified facial image’ means the facial image of an identified person; (15) ‘biometric data’ means DNA profiles, dactyloscopic data or facial images; (16) ‘alphanumeric data’ means data represented by letters, digits, special characters, spaces and punctuation marks; (17) ‘match’ means the existence of a correspondence as a result of an automated comparison between personal data held in a database; (18) ‘candidate’ means data with which a match has occurred; (19) ‘requesting Member State’ means a Member State conducting a search via the Prüm II framework; (20) ‘requested Member State’ means a Member State in whose databases a requesting Member State conducts a search via the Prüm II framework; (21) ‘police records’ means biographical data of suspects and convicted persons available in national databases established for the prevention, detection and investigation of criminal offences; (22) ‘pseudonymisation’ means pseudonymisation as defined in Article 3, point (5), of Directive (EU) 2016/680; (23) ‘suspect’ means a person as referred to in Article 6, point (a), of Directive (EU) 2016/680; (24) ‘personal data’ means personal data as defined in Article 3, point (1), of Directive (EU) 2016/680; (25) ‘Europol data’ means any operational personal data processed by Europol in accordance with Regulation (EU) 2016/794; (26) ‘competent authority’ means any public authority competent for the prevention, detection or investigation of criminal offences, or any other body or entity entrusted by Member State law with the exercise of public authority and public powers for the purposes of the prevention, detection or investigation of criminal offences; (27) ‘supervisory authority’ means an independent public authority established by a Member State pursuant to Article 41 of Directive (EU) 2016/680; (28) ‘SIENA’ means the secure information exchange network application managed and developed by Europol in accordance with Regulation (EU) 2016/794; (29) ‘incident’ means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555 of the European Parliament and of the Council ( 17 ) . (30) ‘significant incident’ means an incident unless that incident has a limited impact and is likely to be already well understood in terms of method or technology; (31) ‘significant cyber threat’ means a cyber threat with the opportunity and capability, and the purpose of which is, to cause a significant incident; (32) ‘significant vulnerability’ means a vulnerability that will likely lead to a significant incident if it is exploited.
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