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))
Date: 2022-01-20
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: EU migration policy, Schengen Agreement, area of freedom, security and justice, biometrics, data protection, exchange of information, external border of the EU, information system, personal data, right of asylum








C_2022336EN.01004301.xml










2.9.2022   


EN


Official Journal of the European Union


C 336/43






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),










—


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,










—


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,










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’;










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.’;










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;












1.


Objects to the Commission delegated regulation;












2.


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












3.


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






(1)  OJ L 135, 22.5.2019, p. 85.