Automatic systems for checking travel documents, hereinafter referred to as Automated Border Control Gates (ABC Gates), are installed at airport-type border crossing points.
The General Inspectorate of the Border Police (GIBP) is a personal data controller, in accordance with Article 4 (7) of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation - GDPR).
The airport entities from Romania directly subordinated to the GIBP are processors, in accordance with Article 4 (8) of GDPR.
1. INFORMATION ABOUT ABC GATES
ABC gates allow for quick verification of travel documents, significantly reducing the time required for border control formalities.
By performing border checks, both manually by the border guards and automatically by using the ABC Gates, a higher number of passengers can be processed within a certain time frame, without the need to increase the number of border guards. By implementing this system, the waiting time at exit/entry from/into Romania is reduced and, implicitly, a much more fluent passenger traffic is ensured. Passengers can benefit from a continuous flow through checkpoints, eliminating congestion and long waiting periods.
The use of the ABC gates is optional and is addressed to citizens of the European Union, the European Economic Area and Switzerland who hold biometric travel documents (passport or identity card) and are over 18 years old.
The system provides solutions to facilitate mandatory border control procedures, modernise and improve border management, while responding to the risks posed by cross-border crime.
Thus, the implementation of the ABC Gates at airports allows border control authorities to check passengers in a comfortable, fast and safe manner.
2. HOW WE PROCESS INFORMATION ABOUT YOU
Through the ABC gates, the General Inspectorate of Border Police (GIBP) processes the same information used for manual border checks, i.e. contained in the travel document’s biodata page.
Unlike the manual checks performed by the border guards, the ABC Gates compare the facial image from the electronic chip of the passport/identity card with the one captured from the person physically present at the border control, in order to carry out the identification process.
The ABC gates are connected to the Romanian Border Police Information System and allow for checks by querying databases (SIS, INTERPOL, etc.) and access to relevant operational information.
All information processed is treated in accordance with European and national legislation on the protection of personal data. The system infrastructure is designed to ensure that information is processed in a secure environment, respecting the principles of transparency, minimization and confidentiality.
The Romanian Border Police does not process any other personal data resulting from the automated border control.
3. LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA
Passengers are not obliged to carry out border control through the ABC Gates. They may choose either manual or automated processing of personal data in accordance with:
• Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code);
• Government Emergency Order No 104/2001 on the organisation and functioning of the Romanian Border Police, as amended;
• Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
• Law No 190/2018 on implementing measures for Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data;
• Law No. 363/2018 on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, detection, investigation, prosecution and combating criminal offences or the execution of penalties, educational and security measures, as well as on the free movement of such data.
4. CATEGORIES OF PERSONAL DATA RECIPIENTS
In accordance with the provisions of the legislation on the protection of personal data, for the fulfilment of legal obligations, information on the transit of the Romanian state border may be transmitted, as the case may be, to the data subject or his legal representative, to public institutions or authorities (as long as their communication concerns the exercise of public authority powers vested in them), to similar bodies in other states (on the basis of agreements to which Romania is a party), in accordance with the normative acts in force.
5. RIGHTS RELATED TO THE PROCESSING OF PERSONAL DATA
According to Regulation (EU) 2016/679, as a data subject, you have the following rights:
• Right to information: you have the right to receive information about the manner and purpose of the processing of your personal data (Articles 13-14 of GDPR);
• The right to obtain from GIBP a confirmation as to whether or not personal data concerning you are being processed and, if so, access to such data (Article 15 of GDPR);
• Right to rectification of personal data concerning you (Article 16 of GDPR);
• Right to erasure of personal data concerning you or restriction of processing, subject to legal exceptions (Articles 17-18 of GDPR);
• The right to object to processing, subject to legal exceptions (Article 21 of GDPR);
• The right to address the supervisory authority (Article 78 of GDPR);
• The right to address the court (Article 79 of GDPR).
If you wish to make a request under Regulation (EU) 2016/679, it is necessary to provide us with your identity data (full name and identification data) and indications of the information you request, so that we can respond promptly and efficiently.
In order to exercise the rights provided for by Regulation (EU) 2016/679 or by Law no. 363/2018, you may submit a written, dated and signed request to Bucharest, 42C Geniului Avenue, district 6, postal code 060117, by fax: 021.312.11.89 or e-mail pfr@igpf.ro or you can submit it personally to the public relations counter at the General Inspectorate of Border Police (GIBP) or directly to the data protection officer of GIBP at the address: dataprotection.igpf@igpf.ro.
In order to defend the rights provided for by Regulation (EU) 2016/679 and/or by Law no. 363/2018, the persons whose personal data are subject to processing carried out within the Romanian Border Police, may submit a complaint to the National Supervisory Authority for Personal Data Processing (ANSPDCP) at its headquarters from Bucharest, 28-30 G-ral Gheorghe Magheru Avenue, district 1, postal code 010336, telephone: 031.805.92.11, fax: 031.805.96.02
website: www.dataprotection.ro, e-mail: anspdcp@dataprotection.ro.
To file a complaint with ANSPDCP click here https://www.dataprotection.ro/?page=Plangeri_pagina_principala
For more information on the processing of personal data by the Romanian Border Police, you can consult the dedicated section on the website at https://www.politiadefrontiera.ro/en/main/pgprotectia-datalor-44.html.
