Antwoorden op de vragenlijst van OVSE over API PNR en Biometrie
If such a system has already been put into place, how many cases were detected and promptly notified so far to relevant authorities of other countries and international organizations?
Answer: An API system is in place (see above). The number of alerts which relate to (the risk of) illegal immigration was around 421 passengers in 2017 (which is equivalent to 3.6% of all alerts in that year). In 2017, there were around 120 instances where an alert and the connected database analyses have led to a person being denied entry to the Netherlands (Schengen). Around 14% of the alerts applies to passengers whose travel document has been lost or is registered as stolen.
How is the Government ensuring that the collection, analysis and sharing of PNR does not violate relevant human rights and fundamental freedoms?
Answer: All measures, as described by the EU PNR Directive (2016/681), will be put in place to prevent the violation of relevant human rights and fundamental freedoms. The Directive specifically describes that PNR data may be processed only for the purposes of preventing, detecting, investigating and prosecuting terrorist offences and serious crime. A data protection officer will be responsible for monitoring the processing of PNR data and implementing relevant safeguards. PNR data will be depersonalised after six months and deleted after five years. The Directive prohibits the processing of PNR data revealing a person's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, health, sexual life or sexual orientation. In the event that PNR data revealing such information are received by the Pi-NL, they shall be deleted immediately.
ON BIOMETRICS; What legislative and operational measures have you undertaken to develop and implement systems to collect biometric data to responsibly identify terrorists?
Answer: The National Police and KMar are authorized and equipped to use biometric data to identify suspected terrorists.
The Netherlands participates in several European agreements such as Eurodac, EU-VIS (Alien law) and Prüm (Criminal law). In Eurodac and EU-VIS the fingerprints of third country nationals are compared to the databases. EU-vis is checked at all border crossings for third country nationals who have visa requirements.
With Prüm it is possible to make a search with fingerprints and/or DNA in the criminal database of the participating countries. One of the goals of Prüm is taking countermeasures against terrorism, illegal migration and other border crossing crimes.
In 2018 an amendment to the Penal Code, the Code of Criminal Procedure and some other laws to strengthen the criminal and criminal prosecution possibilities to combat terrorism passed (strengthening the criminal law approach to terrorism). The law extends the possibilities of taking cell material for DNA testing from suspects of terrorist crimes.
Alles bij de bron; RijksOverheid