Seems like almost no one has noticed that Council Regulation (EU) 2025/1208, on mandatory biometrics on some national ID documents, has been passed and published on the OJ. Now adopted under a new legal basis (hence Council Regulation) after the previous Regulation 2019/1157 was annulled in C‑61/22. - ThreadSky

gateklons.bsky.social • 4 days ago

Seems like almost no one has noticed that Council Regulation (EU) 2025/1208, on mandatory biometrics on some national ID documents, has been passed and published on the OJ. Now adopted under a new legal basis (hence Council Regulation) after the previous Regulation 2019/1157 was annulled in C‑61/22.

Comments

gateklons.bsky.social•4 days ago

It appears that unanimity being necessary for its passage did not prevent previously opposed member states from opposing the mandatory inclusion of biometric elements. Previously the the Czech Republic and Slovakia voted against with the UK abstaining.

gateklons.bsky.social•4 days ago

This time all (except DE because of opt-out) in favor (no abstentions even!).

Parliament was much more divided: https://howtheyvote.eu/votes/173708

Now with this ugliness in Recital 17 thanks to an unwilling CJEU:

gateklons.bsky.social•4 days ago

Sorry meant DK (Denmark), obviously

gateklons.bsky.social•4 days ago

Article 10(3) now no longer says that the biometric data shall only be kept after the document has been collect, likely so as to not conflict with the possibility MS have left open for themselves to process that data on another legal basis. 90 days now the only apparent limit.

gateklons.bsky.social•4 days ago

IMO with this, the EU legislator opens itself up for another challenge since it does not (explicitly) specify that the data must be destroyed after document collection. I think this would be the case even if the national legislation did introduce this retention limit: EU law itself must contain it.

gateklons.bsky.social•4 days ago

Worse yet, private entities may now access the facial image which can also be processed further. As a bonus: Commission no longer publishes the list of the competent authorities with access to the biometric data.

gateklons.bsky.social•4 days ago

So basically, we would've been better off had the regulation been left as is 🙃

Fingers crossed for another challenge though 🤞

Some previous postings on the topic:

https://bsky.app/profile/gateklons.bsky.social/post/3lcx7gnhmpk2t

https://x.com/gateklons/status/1770736383071486322

privacymatters.bsky.social•4 days ago

📌

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