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Management of biometric data and other data
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17. (1) The Minister shall maintain or cause to be maintained a record of biometric data taken under this Chapter.
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(2) The record of biometric data of a person referred to in subsection (1) shall—
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(a) be retained for the same period for which the biometric data of such a person may be stored in Eurodac in accordance with Article 29 of the Eurodac Regulation, and
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(b) be deleted, or caused to be deleted, by the Minister upon the expiry of the relevant period specified in that Article 29 or when the data is erased from Eurodac in accordance with Article 30 of the Eurodac Regulation.
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(3) An Garda Síochána is designated to be the designated authority in the State for the purpose of Article 5 of the Eurodac Regulation (in this section referred to as the “designated authority”).
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(4) The Minister shall keep a list of the operating units within the designated authority that are authorised to request comparisons with Eurodac data (within the meaning of the Eurodac Regulation) through the National Access Point designated in accordance with subsection (9).
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(5) Subject to subsection (6), the Minister may by order designate a unit within An Garda Síochána to be the verifying authority in the State for the purpose of Article 6 of the Eurodac Regulation (in this section referred to as the “verifying authority”).
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(6) The verifying authority shall—
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(a) be separate from the operating units within the designated authority referred to in subsection (4) and shall not be given instructions by the operating units as regards the outcome of the verification done by the verifying authority in accordance with the Eurodac Regulation, and
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(b) act independently of the designated authority in performing its functions under the Eurodac Regulation.
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(7) A relevant person shall, where necessary, update, erase or delete the data transmitted to Eurodac under this Chapter, in accordance with the Eurodac Regulation.
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(8) The Minister shall, as necessary—
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(a) erase data from Eurodac in accordance with Article 30 of the Eurodac Regulation, and
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(b) mark and unmark data in Eurodac in accordance with Article 31 of the Eurodac Regulation.
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(9) The Minister shall by order designate the National Access Point (within the meaning of the Eurodac Regulation) in the State for the purposes of the Eurodac Regulation and this section.
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(10) 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.
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