Background information
The applicant is obliged to have their fingerprints taken latest within 72 hours after lodging their application, if they are older than 14 years of age (154).
(154) Article 9(1) Regulation (EU) No 603/2013 ‘Collection, transmission and comparison of fingerprints (excerpt)’
Explain these messages to the applicant during the first contact (making) and registration/lodging:
- Applicant will have their fingerprints taken. The applicant has the obligation to allow their fingerprints to be taken (155).
The authority will take a photograph of the applicant. The applicant has the obligation to allow their photograph to be taken (156).
Explain these additional messages to the applicant during the registration/lodging:
- All fingerprints will be taken (157)
- At the time when fingerprints are taken, explain where, when, why and by whom the fingerprints are taken.
- To make the information less overwhelming, when explaining the reason why fingerprints are taken, you could tell the applicant, for example, that fingerprints are taken to see if they are already known to the authorities and to assist with determining which EU country is responsible for examining their application.
- If the applicant refuses to have their fingerprints taken, the accelerated procedure may apply along with other possible consequences, depending on your national context (158).
- The photograph and the biometric data will be stored and used in full respect of the principle of confidentiality.
Related publication: Consult the leaflet European Union Agency for Fundamental Rights, Right to information – Guide for authorities when taking fingerprints for Eurodac, 2019. It assists officers and authorities in informing applicants for international protection in an understandable and accessible way about the processing of their fingerprints in Eurodac.
(155) Article 9(1) Eurodac regulation ‘Collection, transmission and comparison of fingerprints (excerpt)’.
(156) Article 13(2), point (e) APD (recast) ‘Obligations of the applicants’.
(157) Article 9(1) Eurodac regulation ‘Collection, transmission and comparison of fingerprints (excerpt)’.
(158) Article 31(8), point (i) APD (recast) ‘Examination procedure’.