XVII. Personal data processing in the field of…

General issues

In the context of space without internal borders, police cooperation, border management, the protection of personal data, cross-border crime management - SIS/SIRENE, and the admission of third-party nationals to the territories of Member States, through the granting of visas, constitute fundamental action areas, whose requirements, laid down by the Schengen acquis, must be met by each Member State (MS) in a coherent manner, so that each and every MS should be able to participate, on an equitable basis, to the premise of mutual trust established at the level of the justice, freedom and security area.

MS of the European Union and of the Schengen Area act consistently towards applying, in an unitary manner, of a set of rules established at a cooperation level, in order to ensure the implementation of safe and fair practices in the process of granting visas for third-country nationals.

The visa and local border traffic permits (LBTP) - related activities are two of the powers of the MFA, at the level of the institution are kept records of data processing activities, including in relation to the two mentioned fields, the processing being carried out in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals regarding the processing of personal data and the free movement of such data and repealing the Directive 95/46 / EC (General Data Protection Regulation - GDPR), for visa activity, LBTP processing / issuance and biometric data collection for issuing these types of documents.

As a personal data controller, the MFA processes personal data provided by third-country nationals subject to the visa requirement in Romania and those who, in good faith, require LBTPs for legitimate and well-defined purposes (processing and issuing Romanian visas / Local Border Traffic Permits (LBTP) at the request of third-country nationals), subject to legal requirements and under the conditions ensuring the security of such data.

The specific terminology of personal data processing activity, pursuant to GDPR provisions:

  • personal data – any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

 

  • processing – any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

 

  • restriction of processing - the marking of stored personal data with the aim of limiting their processing in the future;

 

  • profiling –  any form of automated processing of personal data evaluating the personal aspects relating to a natural person, in particular to analyze or predict aspects concerning the data subject's performance at work, economic situation, health, personal preferences or interests, reliability or behavior, location or movements of respective natural person;

 

  • pseudonymisation - the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person – in the case of visa activity, the bar code generated on the application form may be considered as a result of the creation of a profile via eViza ;

 

  • filing system – any structured set of personal data which is accessible according to specific criteria, whether centralized, decentralized or dispersed on a functional or geographical basis;

 

  • controller – the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;
  • processor – a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;

 

  • third party - a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data;

 

  • recipient – the natural or legal person, public authority, agency or another body, to which the personal data is disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of that data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing;

 

  • consent of the data subject - any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her (e.g. signing the visa application form / LBTP form);

 

  • personal data breach – means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed or unauthorized access to it; It should be taken into account that, under the relevant legislation, in the event of any such breach of data security, the MFA, as controller, shall have a time-period of 72 hours to notify ANSPDCP of the occurrence of the incident. The DM / CO shall therefore notify MFA Headquarters of any such incident, as a matter of urgency:

 

  • biometric data - personal data resulting from specific technical processing relating to the physical, physiological or behavioral characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data;

 

  • data concerning health – personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status.

The processing of personal data and its protection constitute the pillars underlying the gathering, processing and examining visa applications, issuance of visas as well as at the use of National Visa Information System (NVIS) and the eViza electronic portal. The same principles underlie the processing of personal data for the issuance of local border traffic permits with biometric features (LBTP), which are registered in the same highly secure national system - NVIS. The visa and LBTP – related activity is based on respect for all visa applicants' rights, and they become the data subjects to personal data processing.

In all cases, the MFA takes into account the provisions of art. 3 and 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms and art. 4 and 21 of the Charter of Fundamental Rights of the European Union. Taking into account the provisions of art. 16 of the Treaty on the Functioning of the European Union (art. 16 para. (1) TFEU - "Everyone has the right to protection of personal data concerning him / her"), in the visa and LBTP – related activity, human dignity is respected, with a focus on the prohibition of inhuman and racial discrimination on grounds of sex, age, ethnicity or religion, and at the same time acting on the protection of national order and security, of the mutual trust area to which Romania is part of since 2007, in order to prevent illegal migration and to streamline the activity in the field.