- Europe, like you've never read before -
Tuesday, 14 April 2026
No Result
View All Result
  • it ITA
  • en ENG
Eunews
  • Politics
  • World
  • Business
  • News
  • Defence
  • Health
  • Agrifood
  • Other sections
    • Culture
    • Diritti
    • Energy
    • Green Economy
    • Finance & Insurance
    • Industry & Markets
    • Media
    • Mobility & Logistics
    • Net & Tech
    • Sports
  • Newsletter
  • European 2024
    Eunews
    • Politics
    • World
    • Business
    • News
    • Defence
    • Health
    • Agrifood
    • Other sections
      • Culture
      • Diritti
      • Energy
      • Green Economy
      • Finance & Insurance
      • Industry & Markets
      • Media
      • Mobility & Logistics
      • Net & Tech
      • Sports
    No Result
    View All Result
    Eunews
    No Result
    View All Result

    Home » Diritti » EU Court of Justice: police may collect biometric data only “where strictly necessary”

    EU Court of Justice: police may collect biometric data only “where strictly necessary”

    Fingerprinting and identification procedures cannot be imposed systematically but must be clearly justified, otherwise the criminal penalty for refusing to undergo them is annulled

    Caterina Mazzantini by Caterina Mazzantini
    19 March 2026
    in Diritti
    PA Wire/PA Images / IPA

    EMBARGOED TO 1200 THURSDAY NOVEMBER 13 A camera on top of a Live Facial Recognition (LFR) van during a demonstration of facial recognition technology by Surrey and Sussex Police at Surrey Police headquarters in Guildford. Picture date: Tuesday November 11, 2025.

    Brussels – Taking fingerprints and photographs cannot be an automatic procedure; they must meet the criteria of specific necessity. The Court of Justice of the European Union (CJEU) clarified this today (19 March) in a judgment setting out the mandatory requirements for national police authorities when collecting biometric data (fingerprints, photographs) for criminal investigations. In effect, according to the judges in Luxembourg, the collection of biometric data cannot be imposed systematically, but must be clearly justified. Otherwise, the criminal penalty imposed on those who refuse to undergo the check is annulled. 

    The story begins in Paris, where, in May 2020, a man was arrested on charges of organising an unauthorised demonstration and resisting arrest. During his arrest, the man refused to provide biometric data (fingerprints and photographs) and was consequently fined 300 euros, despite subsequently being acquitted of the main charge. The man, in turn, contested his guilt, “claiming that the applicable French legislation was
    not consistent with the EU rules on the protection of personal data in criminal matters.” It was at this point that the Paris Court of Appeal referred the matter to the Court of Justice, asking whether “EU law allows national authorities systematically to collect fingerprints
    and photographs of any person suspected of an offence, without having to provide reasons for that measure on a case-by-case basis.” The judge also asked “whether a person may be prosecuted for having refused to consent to such
    collection, even if that person was ultimately not prosecuted for the offence of which he or she was suspected.”

    The Court reiterated that biometric data are not merely information but constitute sensitive data and, as such, require “enhanced protection.” In particular, “their processing is authorised only where it is strictly necessary and where there are appropriate
    safeguards for the rights and freedoms of the data subject,” the Luxembourg judges said. The Court notes that “the mere existence of one or more reasonable grounds for suspecting an offence does not suffice as
    a reason for the collection of biometric data
    . Every decision to gather identification data must therefore contain a clear
    statement of reasons, even if that statement is succinct, allowing the data subject to understand the reasons for the
    measure and to exercise his or her right to a remedy.” Furthermore, “this obligation to state reasons does not constitute an excessive burden on the authority in question, since such collection cannot be systematic in nature”, it added. 

    One of the key points of the ruling concerns the unlawfulness of national laws that impose fingerprinting and identification procedures indiscriminately on anyone suspected of a crime. The Court was categorical on this point: “national legislation rendering that data gathering systematic, without the competent
    police authority being able to assess in each individual case whether such gathering is necessary, would be contrary to EU
    law
    since it would lead to an indiscriminate and generalised collection of biometric data.” 

    Finally, the Court addressed the issue of penalties for those who refuse to undergo testing: if data collection is “strictly necessary”, a penalty for refusal does not contravene EU law. In any event, however, it must comply with the principle of proportionality enshrined in the Charter of Fundamental Rights of the European Union.

    English version by the Translation Service of Withub
    Tags: court of justice eudati biometricidati sensibilirightsue

    Related Posts

    Business

    EU Court: A company’s assets may be frozen if its controlling person is under sanctions

    12 March 2026
    rimpatri migranti
    Diritti

    EU Court rebukes Italy: no unilateral Dublin suspensions, risk of infringement appeals

    5 March 2026
    Migrazione frontiere pushback
    Diritti

    Migrants: arrivals and asylum applications in the EU decline in 2025, but global fragility increases

    3 March 2026
    (L/R) Argentina's President Javier Milei, Uruguay's President Luis Lacalle Pou, European Commission President Ursula von der Leyen, Brazil's President Luiz Inacio Lula da Silva and Paraguay's President Santiago Pena pose for the family picture of the LXV Mercosur Summit in Montevideo on December 6, 2024. (Photo by Eitan ABRAMOVICH / AFP)
    Business

    Von der Leyen approves provisional application of EU‑Mercosur deal, saying Europe is “shaping its own future”

    27 February 2026
    map visualization
    Siegfried Muresan in conferenza stampa, 14 aprile 2026. Fonte:

    European Parliament fuels EU budget debate as it calls for an additional 200 billion euros

    by Emanuele Bonini emanuelebonini
    14 April 2026

    Siegfried Muresan (EPP): "Our position is a 10 percent increase on the Commission’s proposal." Loan repayments for the post-pandemic recovery...

    Attivisti per la Palestina e il diritto internazionale sotto la sede della Commissione Ue - Foto G. Torbidoni

    Petition to halt EU‑Israel agreement hits 1 million-signature milestone

    by Giulia Torbidoni
    14 April 2026

    The target was achieved within three months of the launch, and the minimum national thresholds were exceeded in 10 member...

    Foto: European Commission

    Fitto on the housing crisis: “We’re working on it, but we can’t work miracles”

    by Emanuele Bonini emanuelebonini
    14 April 2026

    The Vice-President of the European Commission addressed the European Parliament: "This is a matter for the Member States, and we...

    4.4 million Ukrainians under temporary protection in European states

    by Redazione eunewsit
    14 April 2026

    Brussels – As of 28 February 2026, a total of 4.40 million non-EU citizens who had fled Ukraine had been...

    • Director’s Point of View
    • Opinions
    • About us
    • Contacts
    • Privacy Policy
    • Cookie policy

    Eunews is a registered newspaper
    Press Register of the Court of Turin n° 27


     

    Copyright © 2025 - WITHUB S.p.a., Via Rubens 19 - 20148 Milan
    VAT number: 10067080969 - ROC registration number n.30628
    Fully paid-up share capital 50.000,00€

     

    No Result
    View All Result
    • it ITA
    • en ENG
    • Politics
    • Newsletter
    • World politics
    • Business
    • General News
    • Defence & Security
    • Health
    • Agrifood
    • Altre sezioni
      • Culture
      • Diritti
      • Energy
      • Green Economy
      • Gallery
      • Finance & Insurance
      • Industry & Markets
      • Media
      • Mobility & Logistics
      • Net & Tech
      • News
      • Opinions
      • Sports
    • Director’s Point of View
    • Draghi Report
    • Eunews Newsletter

    No Result
    View All Result
    • it ITA
    • en ENG
    • Politics
    • Newsletter
    • World politics
    • Business
    • General News
    • Defence & Security
    • Health
    • Agrifood
    • Altre sezioni
      • Culture
      • Diritti
      • Energy
      • Green Economy
      • Gallery
      • Finance & Insurance
      • Industry & Markets
      • Media
      • Mobility & Logistics
      • Net & Tech
      • News
      • Opinions
      • Sports
    • Director’s Point of View
    • Draghi Report
    • Eunews Newsletter

    Attention