Asylum and refugee issues, Asylum Policy in the European Union, Information on Countries of Origin, Resettlement
Personal Data Processing and Protection
I. Information gathered from the data subject by the Ministry of the Interior
Ministry of the Interior of the Czech Republic, Department for Asylum and Migration Policy (further on referred as “DAMP”) for the purposes of the proceedings on the granting of international protection processes below indicated categories of personal data.
Data subject is an applicant for international protection, recognized refugee and person under the subsidiary protection in accordance with the Act No. 325/1999 Coll., on Asylum and Amendment to Act No. 283/1991 Coll., on the Police of the Czech Republic, as amended (the Asylum Act).
Ministry (DAMP) collects following categories personal data:
a) Basic identification data of the applicant for international protection, persons under the subsidiary protection and recognized refugees:
- name and surname
- former surnames
- date of birth
- nationality (current, previous)
- type and number of the identity document
- members of the family applying for international protection together
b) Further identification data of the applicants for international protection, persons under the subsidiary protection and recognized refugees necessary for examination of the application for international protection by the Ministry (DAMP). These data in electronic form are accessible only to the staff of Department for Asylum and Migration Policy (DAMP):
- ethnic origin
- family status
- military service
- previous applications for asylum (international protection)
- language skills
Some sensitive personal data, e.g. membership in political party or other organization, pursuit for criminal offence, reasons for leaving the country of origin and reasons of the application for international protection in the Czech Republic, whereabouts before coming into the Czech Republic, health status, information about family members (name and date of birth of applicants’ father, mother, children, and place of their residence), social security benefits is a part of administrative file.
c) Service data:
- registration number of the applicant for international protection
- number and validity of the certificate of the applicant for international protection
- data about contraventions and imposed fines
- information about type and validity of issued visa
- place of residence of the applicant in Czech Republic
- history of the proceedings for international protection
Due to the exceptional character of the administrative proceedings on the granting of international protection the personal data are stored for whole life of the applicant for international protection, person under the subsidiary protection and recognized refugee.
Ministry (DAMP) is entitled to use the above mentioned data concerning the applicants for international protection only for the purposes of application of the Asylum Act. Police and intelligence services have also access to the data kept by the Ministry (DAMP) in order to fulfill their obligations under the Asylum Act or other legal acts.
Ministry (DAMP) is entitled to collect also other than above mentioned data about the applicant for international protection, if it is needed for issuing the decision on the matter of international protection. When collecting the data Ministry (DAMP) respects protection of an applicant for international protection and his/her family members in the country of origin. Neither Ministry (DAMP) nor any other public administrative authorities do not communicate by any means any information obtained during the proceedings on international protection to the alleged perpetrators of the persecution or serious harm.
Ministry (DAMP) operates an information system on recognized refugees who have applied for issuing a travel document of recognized refugee according to the Asylum Act. This system contains data in the scope of the application for issuing the travel document (name, surname, other names, birth number, day, month, year of birth, place and country of birth, nationality and registered place of residence in the territory of the Czech Republic).
The travel document is equipped with the biometric picture of face. Beginning with 1.4.2009 the travel document will also contain the biometric data of the fingerprints (of its bearer). Data assembled by the Ministry (DAMP) is stored in this system for period of 60 days since the delivery of the travel document to the Ministry (DAMP) is effected.
II. Information gathered from the data subject by the Police of the Czech Republic
The Police of the Czech Republic (further referred as “Police”) in accordance with the Council Regulation (EC) No 2725/2000, concerning the establishment of EURODAC for comparison of fingerprints for the purposes of the effective application of the Dublin Convention, takes the fingerprints of every alien from the age of 14 years who made the Declaration for international protection. Police in the same time operates the database of fingerprints taken to the applicants for international protection. The fingerprints in the paper form are stored for period of 5 years and for period of 20 years in electronic form counting from the year of termination of alien’s residence in the territory of the Czech Republic.
Based on the Council Regulation (EC) No 2725/2000 Police sends the fingerprints of the applicants for international protection to the system EURODAC. EURODAC system is database of the fingerprints taken to all the persons who applied for international protection in the territory of Member States of EU, Norway or Island. The fingerprints of applicants for international protection are stored in EURODAC for the period of 10 years since the day they are taken. If the applicant is later recognized as a refugee in the Czech Republic, it is obligatory for the Czech Republic to block the data on the fingerprints in order not to be compared with the fingerprints newly sent to EURODAC.
Ministry (DAMP) uses the information received from the system EURODAC in the frame of the application of the Council Regulation (EC) No 343/2003 of 18 February 2003, establishing the criteria and mechanisms for determining of Member State responsible for examining the asylum application lodged in one of Member States by the third country national (more on “Dublin system”) In this case the dactyloscopic card with fingerprints of applicant is a part of the administrative file.
Police also keeps the records of visa issued under the Asylum Act, records of places of residence of the applicants for international protection, records of the places of residence of the aliens who have filled the cassation complaint. Police will destroy above mentioned data held in paper form after the 5 years following the year when the residence of the alien on the territory of the Czech Republic was terminated. In the case of data held in the form of electronic file police stores mentioned data for period of 20 years counting from since the year when the residence of alien on the territory was terminated.
Police also keeps records of recognized refugees who have been issued a travel document pursuant to Asylum Act. Currently the records are kept in the scope of the data in the application for issuing a travel document (name, surname, other names, birth number, day, month, year of birth, place and country of birth, nationality and registered place of residence in the territory of the Czech Republic) including data on the recognized refugee’s facial appearance. Police will destroy these data after the period of 15 years following the expiration of the validity of the travel document.