EMN inform on the handling of biometric data

The EMN inform “Processing the biometric data of third-country nationals” examines national legislation and practices regarding the collection, storage and processing of biometric data from third-country nationals. The comparative inform provides an overview of how 27 EMN Member and Observer Countries handle biometric data. In Sweden, the handling of biometric data varies depending on the type of case concerned.

Biometric data

Biometric data includes personal details obtained through technical processes relating to the physical, physiological or behavioural characteristics of individuals. This enables the identification and verification of a person using, for example, facial images and fingerprints.

Reasons for collecting biometric data

The most common reason for collecting biometric data is to establish and verify an individual’s identity or the authenticity of a travel document. Most of the responding countries state that biometric data is stored in a national register. In some countries, it is permitted to use data collected during migration processes for other purposes, such as for security or law enforcement. In all such cases, however, usage is regulated through various privacy and data protection safeguards.

Collection of biometric data in migration processes

Biometric data is usually collected from people applying for international protection, people applying for long-stay visas or residence permits, and people applying for short-stay visas. It is less common for countries to collect biometric data in connection with return or at border crossings. The most common practice is for countries to collect fingerprints and facial images.

European perspective

• DNA collection is permitted under certain conditions in Bulgaria, Estonia, Italy, the Netherlands, Slovenia and Norway.
• International transfer of biometric data are permitted in 21 of the countries – with this normally being limited to specific areas of use or situations.
• In 12 countries, data transfers are permitted only where expressly required by law, for example through international treaties or EU regulations. This applies in countries including Sweden, Germany, Spain, Poland and Hungary.
• Sharing data with third countries to facilitate return is permitted by Belgium, Finland, Croatia, Ireland, the Netherlands and Serbia.

Handling of biometric data in Sweden

In Sweden, the handling of biometric data varies depending on the type of case concerned. In cases concerning international protection, fingerprints and facial images are recorded in accordance with the Eurodac Regulation. In accordance with national legislation, biometric data is stored in a national register during certain stages of the migration process.

In short-stay visa cases, fingerprints and facial images are recorded and stored in the Visa Information System (VIS) in accordance with the provisions of the VIS Regulation. Although facial images are stored nationally, fingerprints are not.

The age limit for data collection varies depending on the type of case. For applications for international protection, the age limit is 14 years, while for short- or long-stay visas, as well as for residence permits, alien’s passports and travel documents, the age limit is six years.