International Protection Act 2026
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Taking of data and transmission of data to Eurodac | ||
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15. (1) A relevant person shall require a person referred to in Article 15(1), 20(1), 22(1), 23(1), 24(1) or 26(1) of the Eurodac Regulation to— | ||
(a) provide biometric data for the purposes referred to in Article 13(1) of that Regulation, and | ||
(b) provide the data required to be transmitted to Eurodac in accordance with Article 17, 21, 22, 23, 24 or 26 of that Regulation, as the case may be. | ||
(2) Where a person is required to provide biometric data or other data in accordance with subsection (1)— | ||
(a) the person shall comply with the requirement, and | ||
(b) a relevant person shall take the biometric data in accordance with the Eurodac Regulation. | ||
(3) Subject to Articles 13(5) and 14(2) of the Eurodac Regulation, where a person fails to comply with a requirement under subsection (1), the relevant person shall inform the person of— | ||
(a) the obligation to cooperate referred to in section 25 , | ||
(b) the grounds for implicit withdrawal of an application under section 71 , and | ||
(c) the obligations under Article 7 of the Asylum Procedures Regulation. | ||
(4) In taking biometric data under this section, the relevant person shall respect the dignity and physical integrity of the person from whom the biometric data is being taken. | ||
(5) A relevant person shall not take biometric data from a person who is under 6 years of age. | ||
(6) A relevant person shall consider a person to be under 6 years of age where— | ||
(a) the relevant person is uncertain as to whether or not the person is under 6 years of age, and | ||
(b) there is no supporting proof of the age of the person available to the relevant person. | ||
(7) A relevant person shall not take biometric data from a minor, other than in the presence of— | ||
(a) an adult family member of the minor, or | ||
(b) where the minor is an unaccompanied minor— | ||
(i) a provisional representative person or representative person, or | ||
(ii) an employee of, or other person appointed by, the Child and Family Agency, who is trained to safeguard the best interests and general wellbeing of the child. | ||
(8) A relevant person who is taking the biometric data of a minor shall— | ||
(a) before the taking of the biometric data, explain the procedure for the taking of the data to the minor, | ||
(b) take the biometric data in a child-friendly and child-sensitive manner, and | ||
(c) at the time of the taking of the biometric data, have completed appropriate training in relation to the taking of biometric data from minors. | ||
(9) For the purposes of this section and subject to the conclusion of any age assessment, a relevant person shall consider a person to be a minor where— | ||
(a) the relevant person is uncertain as to whether or not the person is under 18 years of age, and | ||
(b) there is no supporting proof of the person’s age available to the relevant person. | ||
(10) Where a minor refuses to comply with a requirement under subsection (1) and a relevant person considers that there are reasonable grounds for believing there are risks relating to safeguarding or protecting the minor, the relevant person shall notify the Child and Family Agency of that fact. | ||
(11) A relevant person shall transmit the biometric data and other data taken under this section to Eurodac in accordance with the Eurodac Regulation. | ||
(12) A relevant person shall provide a person referred to in Article 15(1), 20(1), 22(1), 23(1), 24(1) or 26(1) with the information referred to in Article 42 of the Eurodac Regulation in accordance with that Article. | ||
(13) In so far as it relates to Article 26 of the Eurodac Regulation, this section shall only apply and have effect on and after 12 June 2029. |