ECJ: fingerprints on private info are authorized | EUROtoday

FAccording to a ruling by the European Court of Justice (ECJ), fingerprints could also be saved on id playing cards. The highest European courtroom selected Thursday in Luxembourg that non-public life and private knowledge would nonetheless be sufficiently protected. However, the regulation that regulates storage relies on an incorrect authorized foundation. That's why the judges declared it invalid. However, the regulation should be in impact till December 31, 2026 on the most, in order that the EU has sufficient time to challenge a brand new regulation with the right authorized foundation.

For greater than two years, everybody within the Federal Republic has been required to have their fingerprints taken on the residents' registration workplace when making use of for a brand new id card. Germany has thus carried out an EU regulation. According to the Federal Ministry of the Interior, the prints are solely saved on the ID card itself, however not in a central database.

In a courtroom in Wiesbaden, a German complained that he was not being issued a brand new id card with out fingerprints. The courtroom referred the case to the ECJ. He ought to make clear whether or not storing two fingerprints violates the basic proper to safety of non-public knowledge.

The judges denied that on Thursday. The elementary rights to respect for personal life and safety of non-public knowledge could be restricted. However, that is justified as a result of it will possibly fight the manufacturing of faux IDs and id theft. It additionally permits EU residents to extra simply train their proper to freedom of motion inside the EU.

However, the underlying regulation relies on the mistaken authorized foundation, the judges stated. This meant that the right legislative process was not utilized. Among different issues, unanimity is required among the many EU international locations. Therefore, the courtroom declared the regulation invalid.

However, as a result of this might have “serious negative consequences for a significant number of EU citizens and for their safety”, the regulation will stay in impact till a brand new regulation has been issued, in line with the ruling. The judges set a deadline for this till December 31, 2026. The courtroom in Wiesbaden should now determine on the particular case.