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for exchanging information on the criminal records of non-EU citizens. At the same time, any proposal to update the current system must ensure consistency with the EU Charter of Fundamental Rights and the Lisbon Treaty and fully respect data protection principles, the European Data Protection Supervisor (EDPS) said today, as he published his Opinion1 on the Commission’s Proposal for a Regulation on ECRIS-TCN. Member States use the current European Criminal Records Information Service (ECRIS) primarily to facilitate judicial cooperation, through the exchange of information relating to criminal convictions. In 2016, the Commission proposed a Directive on ECRIS aimed at improving this system. They wanted to make it easier for Member States to exchange information on non-EU citizens, known as third-country nationals (TCN). The proposed Regulation on ECRIS-TCN aims to complement the Directive and address some of the technical problems encountered in its application, most notably by changing the system used to identify which Member States hold information on criminal convictions relating to non-EU citizens from a decentralised system to a central system. Giovanni Buttarelli, EDPS, said: “There is a clear need to improve the ECRIS system to better facilitate the exchange of information on the criminal records of non-EU citizens, and we support the Commission’s efforts to do this. At the same time, it is vital that our approach is consistent. Firstly, this means ensuring that any difference and specificity in the treatment of the personal data of non-EU citizens and EU nationals is fully justified. Secondly, it means ensuring that the Regulation and the Directive fully respect the EU Charter of Fundamental Rights and the requirements for any lawful limitation of these rights.” The EDPS notes that the proposed Regulation would establish a central database in which identity information, including fingerprints and facial images, would be stored. It would be hosted by eu-LISA, which currently hosts the majority of the EU’s largescale IT databases in the area of freedom, security and justice, thus facilitating the interoperability of these databases, a key ob-

EDPS calls for consistency in EU approach to criminal records