Chapter V, Article 26 · Regulation (EU) 2019/818

Contents

Article 26Access to the multiple-identity detector#

1.For the purposes of the manual verification of different identities referred to in Article 29, access to the data referred to in Article 34 stored in the MID shall be granted to:

(a)the SIRENE Bureau of the Member State creating or updating an alert in accordance with Regulation (EU) 2018/1862;

(b)the central authorities of the convicting Member State when recording or modifying data in ECRIS-TCN in accordance with Article 5 or 9 of Regulation (EU) 2019/816;

(c)the authorities competent to collect the data provided for in Chapter II of Regulation (EU) 2024/1358 when transmitting data to Eurodac;

(d)the authorities competent to collect the data provided for in Chapter III of Regulation (EU) 2024/1358 when transmitting data to Eurodac;

(e)the authorities competent to collect the data provided for in Chapter IV of Regulation (EU) 2024/1358 when transmitting data to Eurodac;

(f)the authorities competent to collect the data provided for in Chapter V of Regulation (EU) 2024/1358 when transmitting data to Eurodac;

(g)the authorities competent to collect the data provided for in Chapter VI of Regulation (EU) 2024/1358 when transmitting data to Eurodac;

(h)the authorities competent to collect the data provided for in Chapter VIII of Regulation (EU) 2024/1358 when transmitting data to Eurodac.

2.Member State authorities and Union agencies having access to at least one EU information system included in the CIR or to SIS shall have access to the data referred to in Article 34(a) and (b) regarding any red links referred to in Article 32.

3.Member State authorities and Union agencies shall have access to the white links referred to in Article 33 where they have access to the two EU information systems containing data between which the white link was created.

4.Member State authorities and Union agencies shall have access to the green links referred to in Article 31 where they have access to the two EU information systems containing data between which the green link was created and a query of those information systems has revealed a match with the two sets of linked data.

Defined terms · 30

Show every defined term

alphanumeric data
means data represented by letters, digits, special characters, spaces and punctuation marks;
biometric data
means fingerprint data or facial images or both;
biometric template
means a mathematical representation obtained by feature extraction from biometric data limited to the characteristics necessary to perform identifications and verifications;
border authority
means the border guard assigned in accordance with national law to carry out border checks;
border checks
means border checks as defined in point (11) of Article 2 of Regulation (EU) 2016/399;
CIR
means the common identity repository established by Article 17(1) of Regulation (EU) 2019/818;
designated authorities
means the Member States’ designated authorities within the meaning of Article 5 of Regulation (EU) 2024/1358 of the European Parliament and of the Council, Article 3(1), point (26), of Regulation (EU) 2017/2226 of the European Parliament and the Council, Article 4, point (3a), of Regulation (EC) No 767/2008, and Article 3(1), point (21), of Regulation (EU) 2018/1240 of the European Parliament and of the Council;
EES
means the Entry/Exit System established by Regulation (EU) 2017/2226;
ESP
means the European search portal established by Article 6(1) of Regulation (EU) 2019/818 of the European Parliament and of the Council;
ETIAS
means the European Travel Information and Authorisation System established by Regulation (EU) 2018/1240;
Eurodac
means Eurodac established by Regulation (EU) No 603/2013 of the European Parliament and of the Council;
Europol data
means personal data processed by Europol for the purpose referred to in Article 18(2)(a), (b) and (c) of Regulation (EU) 2016/794;
external borders
means external borders as defined in point (2) of Article 2 of Regulation (EU) 2016/399 of the European Parliament and of the Council;
facial image
means digital images of the face;
fingerprint data
means fingerprint images and images of fingerprint latents, which due to their unique character and the reference points contained therein enable accurate and conclusive comparisons on a person's identity;
identification
means the process of determining a person's identity through a database search against multiple sets of data (one-to-many check);
identity data
means the data referred to in Article 27(3)(a) and (b);
Interpol databases
means the Interpol Stolen and Lost Travel Document database (SLTD database) and the Interpol Travel Documents Associated with Notices database (TDAWN database);
match
means the existence of a correspondence as a result of an automated comparison between personal data recorded or being recorded in an information system or database;
MID
means the multiple-identity detector established by Article 25(1) of Regulation (EU) 2019/818;
police authority
means the competent authority as defined in point (7) of Article 3 of Directive (EU) 2016/680;
serious criminal offence
means an offence which corresponds or is equivalent to one of the offences referred to in Article 2(2) of Council Framework Decision 2002/584/JHA, if it is punishable under national law by a custodial sentence or a detention order for a maximum period of at least three years;
shared BMS
means the shared biometric matching service established by Article 12(1) of Regulation (EU) 2019/818;
SIS
means the Schengen Information System established by Regulations (EU) 2018/1860, (EU) 2018/1861 and (EU) 2018/1862;
supervisory authorities
means the supervisory authority referred to in Article 51(1) of Regulation (EU) 2016/679 and the supervisory authority referred to in Article 41(1) of Directive (EU) 2016/680;
terrorist offence
means an offence under national law which corresponds or is equivalent to one of the offences referred to in Directive (EU) 2017/541 of the European Parliament and of the Council;
travel document
means a passport or other equivalent document entitling the holder to cross the external borders and to which a visa can be affixed;
travel document data
means the type, number and country of issuance of the travel document, the date of expiry of the validity of the travel document and the three-letter code of the country issuing the travel document;
verification
means the process of comparing sets of data to establish the validity of a claimed identity (one-to-one check);
VIS
means the Visa Information System established by Regulation (EC) No 767/2008 of the European Parliament and of the Council;