rec_41

(41) Access to the information contained in ETIAS is necessary to prevent, detect and investigate terrorist offences as referred to in Directive (EU) 2017/541 of the European Parliament and of the Council Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6). or other serious criminal offences as referred to in Council Framework Decision 2002/584/JHA Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member State (OJ L 190, 18.7.2002, p. 1). . In a specific investigation and in order to establish evidence and information related to a person suspected of having committed a serious crime or to a victim of a serious crime, designated authorities may need access to the data generated by ETIAS. The data stored in ETIAS may also be necessary to identify the perpetrator of a terrorist offence or other serious criminal offences, especially when urgent action is needed. Access to ETIAS for the purpose of preventing, detecting or investigating terrorist offences or other serious criminal offences constitutes an interference with the fundamental rights to respect for the private life of individuals and to the protection of personal data of those persons whose personal data are processed in ETIAS. Therefore, the data in ETIAS should be retained and made available to the designated authorities of the Member States and to Europol only subject to the strict conditions set out in this Regulation. This will ensure that the processing of data stored in ETIAS is limited to what is strictly necessary for the prevention, detection and investigation of terrorist offences and other serious criminal offences in accordance with requirements laid down in the jurisprudence of the Court, in particular in the Digital Rights Ireland case Judgment of the Court of Justice (Grand Chamber) of 8 April 2014, Digital Rights Ireland Ltd, joined cases C-293/12 and C-594/12, ECLI:EU:C:2014:238. .

← rec_40 · All articles · rec_42 →

Source: EUR-Lex (Cellar) · retrieved 2026-11-14 · Text as adopted (Official Journal); later amendments are not incorporated in this text.