The opinion adopted by the European Data Protection Supervisor (EDPS) shows its concerns on certain aspects of the amended Commission proposal on the establishment of 'EURODAC' for the comparison of the fingerprints of asylum seekers, in particular, with regard to the access to EURODAC data by law enforcement authorities. For instance, if a fingerprint is found at a crime scene, asylum seekers can potentially be identified through EURODAC data while other individuals cannot.

The European Data Protection Supervisor (EDPS) adopted his opinion on the amended Commission proposal for a Regulation of the European Parliament and of the Council on the establishment of 'EURODAC' for the comparison of the fingerprints of asylum seekers. The amended proposal provides for access to EURODAC data by Member States' law enforcement authorities and Europol for law enforcement purposes. In March 2012, the Commission inaugurated the Agency that ensures the Visa Information (VIS) and EURODAC systems operate 24 hours a day, seven days a week.

In the opinion adopted, the EDPS strongly urged the Commission to provide solid evidence and reliable statistics for the need to access EURODAC data. If such a need is supported by evidence, then the EDPS advocates that any access be subject to strict, appropriate safeguards. The EDPS is concerned that the amendment could be a serious intrusion into the rights of a vulnerable group of people in need of protection and he asks if such access is really necessary.

Therefore, the EDPS recommends, among other things that law enforcement access to EURODAC data be subject to specific and clearly defined criteria such as a substantiated suspicion that the perpetrator of a terrorist or other serious criminal offence has applied for asylum; clearly highlight that the transfer of data to third countries is prohibited; a request for access for law enforcement purposes should be verified by an independent authority or, preferably, submitted for prior judicial authorisation; and clearly outline the need for direct access by Europol (the EU law enforcement agency) to EURODAC data and also ensure that the same strict safeguards apply as for relevant national authorities.