S.L. 217.29 Art. 6Access to the common identity repository for identification purposes.

(1) In accordance with Article 20 of the

Interoperability Regulation, police officers shall query and consult the common identity repository where EES data is stored, in the presence of the person concerned, by using the biometric data of a person taken on the spot for the purpose of identifying the person where:

(a) the person cannot be identified due to the lack of a travel document or other credible documentation proving that person’s identity;

(b) there are doubts about the identity data provided by the person;

(c) there are doubts as to the authenticity of the travel document or other credible documentation provided by the person;

(d) there are doubts as to the identity of the holder of a travel document or of other credible documentation; or

(e) the person is unable, or refuses to cooperate with police officers:

Provided that such query shall not be made against minors under the age of twelve (12) years, unless it is in the best interest of the child.

(2) Where the biometric data of the person cannot be used, or where the query with biometric data fails, the query shall be carried out with identity data of the person in combination with travel document data, or with the identity data provided by the said person.

(3) In the event of a natural disaster, accident or terrorist attack, police officers shall query the common identity repository using the biometric data of persons solely for the purpose of identifying unknown persons who are unable to identify themselves or to investigate unidentified human remains.

(4) When the queries referred to in sub-regulation (3) are carried out, logs shall be kept recording the reasons for the query, the date and time of the query, the type of data used to initiate the query and the results obtained.