Ref.

Ares(2011)104412 - 31/01/2011

VIVIANE REDING RUE DE LA LOI, 200

VICE-PRESIDENT OF THE EUROPEAN COMMISSION В-Ю49 BRUSSELS
JUSTICE, FUNDAMENTAL RIGHTS AND CITIZENSHIP TEL, (+32-2) 298 16 0 0

Brussels, 31 January 2011

Ares lien: A(2010)66277

Dear Ms In't Veld,

Thank you for your letter of 19 January concerning the Commission's response to the
written question E-9264 on the Dutch Law on Passports and its compatibility with EU
Data Protection legislation.

The Commission takes its role as Guardian of the Treaty very seriously. I have therefore
asked my services to analyse the Dutch Law on Passports in detail and from all angles in
relation to the aspects you raised in written question E-9264. In my response of 19
January I already set out the benchmarks of such an analysis which will also comprise
necessity and proportionality checks. Such a comprehensive analysis requires that we
obtain clarification from the Dutch authorities particularly on the use of the biometrie
data for investigation purposes. The Dutch data protection authority will also be
contacted in the context of this analysis as they are the competent authority for
monitoring the compliance of Dutch legislation with EU Data Protection legislation.

We will of course inform you of our findings.

Yours sincerely,

Ms Sophie In't Veld MEP

European Parliament
ASP 10 G 317
Rue Wiertz
1047 Brussels