Commission Delegated Regulation (EU) 2023/333 of 11 July 2022 supplementing Regulation (EU) 2019/817 of the European Parliament and of the Council as regards determining cases where identity data are considered as same or similar for the purpose of the multiple identity detection

For the purposes of this Regulation, the following definitions apply: (1) ‘identity data’ means the following data: (a) surname (family name); first name or names (given names); date of birth; nationality or nationalities; and sex; as referred to in Articles 16(1)(a), 17(1) and 18(1) of Regulation (EU) 2017/2226 of the European Parliament and of the Council ; (b) surname (family name), first name(s) (given name(s)), surname at birth; alias(es); date of birth, place of birth, sex and current nationality; as referred to in Article 17(2) of Regulation (EU) 2018/1240 of the European Parliament and of the Council ; (c) surnames, forenames, names at birth, previously used names and aliases, place of birth, date of birth, gender and any nationalities held, as referred to in Article 20(2) of Regulation (EU) 2018/1861 of the European Parliament and of the Council ; (d) surnames, forenames, names at birth, previously used names and aliases, place of birth, date of birth, gender and any nationalities held, as referred to in Article 4 of Regulation (EU) 2018/1860 of the European Parliament and of the Council ; (e) surnames, forenames, names at birth, previously used names and aliases, place of birth, date of birth, gender and any nationalities held as referred to in Article 20(3) of Regulation (EU) 2018/1862 of the European Parliament and of the Council ; (f) surname (family name), first names (given names), date of birth, place of birth (town and country), nationality or nationalities and gender, previous names, if applicable as referred to in Article 5(1), point (a)(i), of Regulation (EU) 2019/816 of the European Parliament and of the Council ; (g) until the start of operations of the Visa Information System pursuant to Article 11 of Regulation (EU) 2021/1134 of the European Parliament and of the Council : surname (family name), first name or names (given names), date of birth, sex, place and country of birth, and nationalities as referred to in Article 9(4), points (a) and (aa), of Regulation (EC) No 767/2008 of the European Parliament and of the Council ; (h) from the start of operations of the Visa Information System pursuant to Article 11 of Regulation (EU) 2021/1134: surname (family name), first name(s) (given name(s)), date of birth, place and country of birth, sex, and nationality or nationalities as referred to in Article 9(4), points(a) and (aa), and in Article 22a(1), point (d), of Regulation (EC) No 767/2008; (2) ‘equal’ means a 100 % correspondence between data from two different EU information systems, including, where necessary, the use of a conversion-harmonisation functionality for harmonising the format of all data before comparison; (3) ‘transliteration’ means a type of conversion of a text from one script to another that involves swapping letters in previously identified ways.

The procedures for determining the cases where identity data shall be considered as the same are set out in Annex I.

The procedures for determining the cases where identity data shall be considered as similar are set out in Annex II.

1 The common identity repository shall keep the logs of the comparison of data containing, at least: (a) the date and time of the comparison; (b) the result of the comparison, including which identity data was considered as same or similar; (c) the colour of the link following the automated comparison; (d) the colour of the link following the manual processing subsequent to the creation of a yellow link; (e) the amendments to the links, including where the identity data was considered as similar.

2 The logs shall be stored in the common identity repository. They shall be stored for no longer than one year following the comparison of data. After that period, they shall be automatically erased.

3 The logs shall be used by the common identity repository to produce automatic reports of activities and to support and monitor the accuracy of the comparison of data between EU information systems.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.