SCHEDULE 2Saving and transitional provisions

PART 3Saving provisions in relation to asylum

EurodacI110

1

Notwithstanding the revocation of the Eurodac Regulation by regulation 54 and Part 2 of Schedule 1 the provisions of the Eurodac Regulation referred to in sub-paragraph (2) continue to have effect in relation to data obtained before commencement day from Eurodac by a competent authority of the United Kingdom.

2

The provisions referred to in sub-paragraph (1) are—

a

Article 34(2), sub-paragraphs (a) to (d), (h) and (i) (data security);

b

Article 35(1) (prohibition of transfers of data to third countries etc.);

c

Article 36 (logging and documentation).

3

The provisions referred to in paragraph (2) are to be construed as if the United Kingdom continued to be a Member State.

4

For the purposes of paragraph (2), references to provisions in the Council Framework Decision 2008/977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters are to be construed as references to relevant provisions in Part 3 of the Data Protection Act 2018 M1.

5

In this paragraph—

  • “Eurodac” means the system including a central fingerprint database for the European Union as described in Article 3 of the Eurodac Regulation;

  • “the Eurodac Regulation” means Regulation (EU) No 603/2013.