[ 41] As regards the question whether Article 1, paragraph 2 of Regulation No 2252/2004 is able to

In his passport application in Germany, Mr. Schwarz refused his fingerprints taken. The town was then rejected his passport application. resignation letter In an appeal to the administrative court of Gelsenkirchen (Gelsenkirchen Verwaltungsgericht), the latter asked the ECJ to confirm or deny the validity of Regulation 2252/2004 which provides for the integration into a "highly secure storage medium" (an RFID chip, in principle) a digital photograph and two fingerprints.
The ECJ upheld the regulation, while analyzing its impact on privacy. It holds that fingerprinting and storage in the passport infringe on rights to respect for privacy and data protection. However, they are justified to protect passports against fraudulent resignation letter use, to prevent the illegal entry of people in the EU. However, according to the ECJ, the Regulation does not provide a legal basis for centralization of data stored resignation letter in the passport. And the only real alternative would capture resignation letter an image of the iris of the eye, but the technology resignation letter is not mature enough, too expensive, and would perhaps not less intrusive.
[ 26] It should be noted at the outset, first, that respect the right to privacy with regard to the processing of personal data refers to any information relating to an identified or identifiable individual.
[ 30] The collection and retention of fingerprints by the national authorities, governed by Article 1, paragraph 2 of Regulation No 2252/2004 constitutes resignation letter an infringement of rights resignation letter to respect for private life and protection of personal data. Therefore, it must be examined whether these attacks are justified.
[ 32] As regards, first, the condition relating to the consent of the applicants passport with the collection of fingerprints, it should be noted that a passport is generally required to Union citizens especially to make travel to third countries and that it must contain resignation letter fingerprints, pursuant to Article 1, paragraph 2 of Regulation No 2252/2004. resignation letter Thus, EU citizens wishing to make such movements may oppose resignation letter free processing of fingerprints. In these conditions, passport resignation letter applicants can not be considered to have consented to such treatment.
[ 36] As regards, secondly, the objective of general interest underlying that limitation, it is clear from Article 1, paragraph 2 of Regulation No 2252/2004, read in the light of recitals 2 and 3 thereof, that this particular provision has two purposes, the first is to prevent the falsification of passports and the second to prevent fraudulent use, namely their use by people other than their legitimate owner.
[ 41] As regards the question whether Article 1, paragraph 2 of Regulation No 2252/2004 is able to achieve the goal of preventing resignation letter the forgery of passports, it is clear that the conservation resignation letter of prints on a digital storage medium highly secure, under this provision, involves technical sophistication, so that conservation can reduce resignation letter the risk of forgery of passports and make it easier for authorities to examine the authenticity border thereof.
[ 48] The levy is only to take the imprint of two fingers. These are also normally exposed to the view of others, so it is not a coating operation intimate character. It does not involve either a particular physical or psychological resignation letter discomfort to the person, like taking his facial image.
[ 51] On the other hand, it should be noted that the only real alternative to fingerprinting raised during the proceedings before the Court is in capturing an image of the iris of the eye . There is nothing in the record before the Court indicates that the latter resignation letter method is less intrusive to the rights recognized by Articles 7 and 8 of the Charter that the fingerprinting.
[ 52] In addition, as regards the effectiveness of the latter two methods, it is clear that the level of technological maturity that based on iris recognition does not reach the level that based on fingerprints. Furthermore, the iris recognition is a process significantly more expensive, at the present time, than the comparison of fingerprints and therefore, less suitable for general use.
[ 60] However, it is important to report