Brussels, 08/10/2009 (Agence Europe) - On Wednesday 7 October, European Data Protection Supervisor (EDSP) Peter Hustinx expressed “serious doubts” over the right of law enforcement agencies (the police forces of the 27 EU member states and Europol) to have access to EURODAC, the database system that allows comparison of the fingerprints of asylum seekers and illegal immigrants. It was the Commission which brought forward these proposals on 10 September to help tackle terrorism and serious crime (see EUROPE 9974). The EDPS says, however, that he has analysed the proposals in the light of their legitimacy, taking as a starting point the need to strike the right balance between the need for public security and the fundamental right to privacy and data protection, in compliance with Article 8 of the European Convention on Human Rights (ECHR). “The analysis leads to the conclusion that the necessity and proportionality of the proposals, which are both crucial elements to legitimate privacy intrusion, are not demonstrated,” Hustinx says. “The fight against terrorism can certainly be a legitimate ground to apply exceptions to the fundamental rights to privacy and data protection. However, to be valid, the necessity of the intrusion must be supported by clear and undeniable elements, and the proportionality of the processing of personal data must be demonstrated,” he continues. He notes, “This is all the more required in case of an extensive intrusion in the rights of individuals constituting a vulnerable group in need of higher protection because they are fleeing from persecution”. Consequently, the EDPS recommends that the Commission assesses the legitimacy of the proposals in a wider context and first implements and assesses new European instruments, such as the “Prüm Decision, which allow a member state to consult fingerprints and other police information held by another member state. He recommends, too, delaying the examination of the proposals given that the Lisbon Treaty is very probably about to come into force and the ongoing discussions on recasting EURODAC and Dublin Regulations. The EDPS emphasises that the proposals have to have been proven by the demonstration of substantial evidence of a link between asylum applicants and terrorism and/or serious crime. (B.C./transl.rt)