Privacy enhancing readmission: the clause on data protection in the EURAs

Abstract

The identification of third country nationals (TCNs) enables the implementation of the European Union (EU) policy on the prevention of illegal entry and the expulsion of irregular migrants. Competent authorities exchange personal data to prove the nationality and to meet the conditions required to execute the return of TCNs. The EU readmission agreements (EURAs) are provided with a clause regulating the transfer of personal data and its protection. The current post analyses the conformity of the EURAs’ clause in the light of the guarantees enshrined in the latest data protection package adopted under the aegis of the EU competence on the protection of personal data and their free movement, namely Article 16(2) of the Treaty on the Functioning of the EU (TFEU). The purpose is to assess whether the EURAs’ clause integrates the parameters of “appropriate safeguard” required by Article 46 of the General Data Protection Regulation (GDPR).