# C_2022336EN.01004301.xml

| 2.9.2022 | EN | Official Journal of the European Union | C 336/43 |
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2.9.2022

EN

Official Journal of the European Union

C 336/43

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P9_TA(2022)0008

Objection to a delegated act: Determining cases where identity data may be considered as same or similar for the purpose of the multiple identity detection pursuant to Regulation (EU) 2019/818

European Parliament resolution of 20 January 2022 on the Commission delegated regulation of 29 September 2021 supplementing Regulation (EU) 2019/818 of the European Parliament and Council as regards determining cases where identity data may be considered as same or similar for the purpose of the multiple identity detection (C(2021)05057 — 2021/2912(DEA))

(2022/C 336/12)

The European Parliament,

| — | having regard to the Commission delegated regulation (C(2021)05057), |
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having regard to the Commission delegated regulation (C(2021)05057),

| — | having regard to Article 290 of the Treaty on the Functioning of the European Union, |
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having regard to Article 290 of the Treaty on the Functioning of the European Union,

| — | having regard to Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816 (1), and in particular Articles 28(5) and 69 (6) thereof, |
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having regard to Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816 (1), and in particular Articles 28(5) and 69 (6) thereof,

| — | having regard to Rule 111(3) of its Rules of Procedure, |
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having regard to Rule 111(3) of its Rules of Procedure,

| — | having regard to the motion for a resolution by the Committee on Civil Liberties, Justice and Home Affairs, |
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having regard to the motion for a resolution by the Committee on Civil Liberties, Justice and Home Affairs,

| A. | whereas Article 3 of the Commission delegated regulation provides that the cases where identity data may be considered as similar are set out in Annex II thereto; |
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A.

whereas Article 3 of the Commission delegated regulation provides that the cases where identity data may be considered as similar are set out in Annex II thereto;

| B. | whereas Annex II, point 2, of the Commission delegated regulation provides that ‘eu-LISA shall use an algorithm in order to calculate the similarity between identity data across different data fields from the different EU information systems’; |
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B.

whereas Annex II, point 2, of the Commission delegated regulation provides that ‘eu-LISA shall use an algorithm in order to calculate the similarity between identity data across different data fields from the different EU information systems’;

| C. | whereas Annex II, point 2, of the Commission delegated regulation further provides that ‘[t]hat algorithm shall be based on previously established thresholds of similarity.’; |
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C.

whereas Annex II, point 2, of the Commission delegated regulation further provides that ‘[t]hat algorithm shall be based on previously established thresholds of similarity.’;

| D. | whereas Annex II, point 2, of the Commission delegated regulation moreover provides that ‘[i]n order to define that algorithm, eu-LISA shall be assisted and advised by experts from the Commission, the Member States and the Union agencies using the EU information systems and interoperability components.’; |
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D.

whereas Annex II, point 2, of the Commission delegated regulation moreover provides that ‘[i]n order to define that algorithm, eu-LISA shall be assisted and advised by experts from the Commission, the Member States and the Union agencies using the EU information systems and interoperability components.’;

| E. | whereas Article 28(5) of Regulation (EU) 2019/818 requires the Commission to adopt delegated acts laying down the procedures to determine the cases in which identity data can be considered to be the same or similar; |
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E.

whereas Article 28(5) of Regulation (EU) 2019/818 requires the Commission to adopt delegated acts laying down the procedures to determine the cases in which identity data can be considered to be the same or similar;

| F. | whereas the Commission delegated regulation clearly does not lay down the procedures to determine the cases in which identity data can be considered to be similar, but sub-delegates that power to eu-LISA and to experts from the Commission, the Member States and the Union agencies using the EU information systems and interoperability components; |
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F.

whereas the Commission delegated regulation clearly does not lay down the procedures to determine the cases in which identity data can be considered to be similar, but sub-delegates that power to eu-LISA and to experts from the Commission, the Member States and the Union agencies using the EU information systems and interoperability components;

| 1. | Objects to the Commission delegated regulation; |
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1.

| 2. | Instructs its President to forward this resolution to the Commission and to notify it that the delegated regulation cannot enter into force; |
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2.

| 3. | Instructs its President to forward this resolution to the Council and to the governments and parliaments of the Member States. |
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3.

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(1)  OJ L 135, 22.5.2019, p. 85.

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