The Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of Eurodac for the comparison of fingerprints for the effective application of the Dublin Convention which constitutes the basis for the establishment of Eurodac grants a variety of rights to the data subjects.

The information obligation Persons whose data are processed on the basis of the Regulation shall be informed of the identity of the controller and of his representative, if any, the purpose for which the data will be processed within Eurodac, the recipients of the data, the obligation to have this person’s fingerprints taken and the existence of the right of access to, and the right to rectify, the data concerning him/her.

This information shall be provided to applicants for asylum and persons apprehended by the competent control authorities in connection with the irregular crossing by land, sea or air of the border of the Member State having come from a third country and who are not turned back when his/her fingerprints are taken. In relation to aliens found illegally present within the Member State’s territory whose fingerprints are taken with a view to checking whether they have previously lodged an application for asylum in another Member State the information above shall be provided no later than the time when the data are transmitted to the Central Unit. In relation to the latter group of persons the information shall not be provided where the provision of such information proves impossible or would involve a disproportionate effort.

The right of access to data In each Member State any person whose data are processed for the purposes of Eurodac may, in accordance with the law of that State, exercise the rights provided for in Article 12 of Directive 95/46/EC (the right of access to data).

The data subject shall have the right to obtain communication of the data relating to him/her recorded in the central database and of the Member State which transmitted them to the Central Unit. Such access to data may be granted only by a Member State.

The right to correct and erase data Persons whose data are processed for the purposes of Eurodac may request that data which are factually inaccurate be corrected or that data recorded unlawfully be erased.

The correction and erasure shall be carried out without excessive delay by the Member State which transmitted the data. If these rights are exercised in a Member State, other than that, which transmitted the data, the authorities of that Member State, in which these rights of correction or erasure are exercised, shall contact the authorities of the Member State, which transmitted the data to the system so that the latter may check the accuracy of the data and the lawfulness of their transmission and recording in the central database.

The Member State correcting or erasing the data shall inform the data subject without excessive delay on the actions taken or on the reasons for failure to erase the data. In the latter case the Member State shall also provide the data subject with information explaining the steps which he/she can take if he/she does not accept the explanation provided, including information on the possibility to bring a complaint before the competent authorities or courts of that Member State.

The request for correction or erasure of data and for access to data shall contain all the necessary particulars to identify the data subject, including fingerprints. Such data shall be used exclusively to permit the exercise of the rights of access, correction or erasure and shall be destroyed immediately afterwards. The Member States shall cooperate actively to enforce promptly the rights to correction or erasure of data.

If the data subject is refused the right of access to the processed data, he/she may, in accordance with the laws of the Member State refusing this right, bring a complaint before the competent authorities or courts of that Member State.

The right to bring a complaint and assistance of supervisory authorities The data subject may, in accordance with the laws of the Member State which transmitted the data, bring an action or, if appropriate, a complaint before the competent authorities or courts concerning the data relating to him/her recorded in the central database. In such case the national supervisory authorities are obliged to assist and, where requested, advise the data subject throughout the proceedings.

The national supervisory authorities are obliged to assist the data subject in exercising his/her rights. Moreover, the national supervisory authorities of the Member State which transmitted the data and the national supervisory authority of the Member State in which the data subject is present shall assist and, where requested, advise him/her in exercising his/her right to correct or erase data. The request for assistance made to the Member State in which the data subject is present shall be transmitted to the national supervisory authority of the Member State which transmitted the data. The data subject may also apply for assistance and advice to the European Data Protection Supervisor responsible for monitoring the processing of data in the Central Unit.

The right to compensation Without prejudice to the rights above, any person who has suffered damage as a result of an unlawful processing operation or any act incompatible with the provisions laid down in this Regulation shall be entitled to receive compensation from the Member State responsible for the damage suffered. Claims for compensation shall be governed by the provisions of national law of the defendant Member State.