The objective of the proposal is to ensure the effective return and re-admission of third-country nationals illegally staying in the EU by providing Member States with simplified and common rules.

In light of the impact of the proposal on concerned individuals’ fundamental rights, including on their rights to privacy and to the protection of personal data, the EDPS considers that an in-depth fundamental rights impact assessment should be carried out to better identify and mitigate potential risks.

The EDPS also makes several specific recommendations, related to:

• the right to information given to individuals regarding the reasons for return decisions;

• the alignment of the proposal with the applicable EU legislation on data protection and other legal acts linked to the Pact on Migration and Asylum; and

• the safeguards in case of transfers to third countries of personal data of concerned individuals.

EDPS emphasizes that data protection – as fundamental right listed in the Charter - is one of the last lines of defence for vulnerable individuals, such as migrants and asylum seekers approaching EU external borders. Therefore, the proposed EU-wide approach must be based on full respect for fundamental rights, including the rights to data protection and privacy.

Press release of the EDPS