EU lawmakers approve regulation to expand Europol’s capabilities in biometric data processing

European lawmakers have backed a proposal to give Europol a central role in coordinating the fight against smuggling networks and human trafficking and to strengthen the obligation among EU member states to share data, including biometrics. The support for the regulation comes amid criticism from rights groups and the EU data watchdog.

On Tuesday, the European Parliament’s Civil Liberties (LIBE) Committee voted in favor of the regulation, which would establish the European Centre Against Migrant Smuggling (EMSC) as a permanent structure within Europol. The agency would receive an additional 50 million euros (US$57.8 million) in funding and 50 new staff members and would work closely with national authorities, Eurojust and Frontex.

The regulation also enables Europol to “effectively and efficiently process biometric data in order to better support Member States in cracking down on irregular migration.”

“The effective use of biometric data is key to closing the gaps and blind spots that terrorists and other criminals seek to exploit by hiding behind false or multiple identities,” says the document.

A final plenary vote is expected later in November.

Critics bring up questions of mass surveillance and compliance with EU data rules

News of the vote has been criticized by civil society organizations, which say that the proposal is a “dangerous step towards mass surveillance in the EU.”

“It is time for the European Parliament to show foresight and oppose any attempt to instrumentalize migration policies to attack everyone’s rights and profit the surveillance industry,” says Caterina Rodelli, EU policy analyst at Access Now.

The European Commission proposed the regulation back in November 2023. The following year, however, the European Data Protection Supervisor (EDPS) flagged several issues related to the proposal, including whether Europol will continue to comply with its obligation to process biometric data and to disseminate it to Member States in line with the GDPR principles.

Criticism from rights groups also intensified. Non-profit organization European Digital Rights (EDRi) and the Protect Not Surveil coalition published a position paper analyzing the proposal, accusing it of attempting to introduce mass surveillance.

The research found that over 21 million euros ($24.3 million) would be allocated over three years to the development of biometric systems and the upgrade of Europol’s Secure Information Exchange Network Application (SIENA). SIENA allows Europol, EU member states and third countries to exchange operational and strategic crime-related information.

“The Europol Regulation unlawfully expands the EU’s digital surveillance infrastructure without appropriate safeguards,” says the report. “This is particularly important in the context of biometrics.”

Facing pushback, the EU introduced significant changes to the proposal in May, allowing more flexibility for EU member states to decide whether to exchange data with Europol. The presidency of the Council and European Parliament negotiators reached a provisional agreement on the regulation in September.

Europol’s legal framework already allows the agency to process biometric data for operational purposes and for preventing or combating crime. According to the newest version of the proposal, processing of biometric data should be in line with the existing safeguards and “strictly necessary and proportionate to the objective pursued.”

“Better data analysis and sharing are key in our fight against criminals who profit from exploiting vulnerable people,” Jeroen Lenaers, EPP Group MEP and EU negotiator, said at the time. “This law improves data sharing between national law enforcement and Europol. It also boosts Europol’s ability to process biometric data.”

Article Topics

biometric data  |  biometric identifiers  |  biometrics  |  cross-border data sharing  |  data sharing  |  Europe  |  European Digital Rights (EDRi)  |  Europol