Discharge 2024: General budget of the EU - European Data Protection Supervisor

Tabled by Dick Erixon, Nicolas Bay, Charlie Weimers, Cristian Terheş

Added: 20 a. Deplores the European Data Protection Supervisor’s reprimand of 8 January 2025 to the European Border and Coast Guard Agency (Frontex) concerning the sharing of operational data on human smuggling networks and irregular migrants with Europol; stresses that the right to data protection under Article 8 of the Charter and the supposed “freedom of movement” of illegal migrants are not absolute and may be limited under Article 52(1) where such limitations are provided for by law and are necessary and proportionate to protect the Union’s external borders and combat cross-border crime, in line with Article 3(2) TEU and Article 67(3), Article 77, Article 79(2), point (c), and Article 87(2), point (a), TFEU; underlines that illegal entrants have only one freedom — the freedom to be deported to their country of origin; recalls that the EDPS audit of October 2022 and report of May 2023 identified shortcomings in systematic debriefing-based transfers without the required assessment, but underlines that Article 90(2), point (a), of Regulation (EU) 2019/1896 does not justify a ban on regular or proactive transfers of operational data and requires only that Frontex show that the transfer is strictly necessary for Europol’s mandate; recalls further that Europol’s mandate under Regulation (EU) 2016/794 covers migrant smuggling and trafficking in human beings and that Article 18(2) empowers Europol to carry out cross-checking and operational analysis; calls on the EDPS to immediately reverse its overly restrictive approach, and on Frontex to restore swift, regular and proactive operational data-sharing by establishing clear and workable criteria for the transmission of relevant operational data strictly necessary for Europol’s mandate, in full compliance with Union law;

Wording as published by the EP, in English. PE783.029