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European Dactyloscopy (Eurodac)
Article 20

Article 20 — Conditions for access to Eurodac by designated authorities

  1. For the purposes laid down in Article 1(2), designated authorities may submit a reasoned electronic request for the comparison of fingerprint data with the data stored in the Central System within the scope of their powers only if comparisons with the following databases did not lead to the establishment of the identity of the data subject:
    • national fingerprint databases;
    • the automated fingerprinting identification systems of all other Member States under Decision 2008/615/JHA where comparisons are technically available, unless there are reasonable grounds to believe that a comparison with such systems would not lead to the establishment of the identity of the data subject. Such reasonable grounds shall be included in the reasoned electronic request for comparison with Eurodac data sent by the designated authority to the verifying authority; and
    • the Visa Information System provided that the conditions for such a comparison laid down in Decision 2008/633/JHA are met;

    and where the following cumulative conditions are met:

    1. the comparison is necessary for the purpose of the prevention, detection or investigation of terrorist offences or of other serious criminal offences, which means that there is an overriding public security concern which makes the searching of the database proportionate;
    2. the comparison is necessary in a specific case (i.e. systematic comparisons shall not be carried out); and
    3. there are reasonable grounds to consider that the comparison will substantially contribute to the prevention, detection or investigation of any of the criminal offences in question. Such reasonable grounds exist in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls in a category covered by this Regulation.
  2. Requests for comparison with Eurodac data shall be limited to searching with fingerprint data.