§ 91j AufenthG: Datenübermittlung zur Ausführung der Verordnung (EU) 2024/1358

Data transfer for implementing Regulation (EU) 2024/1358 (§ 91j AufenthG)

This section sets out which data is transferred to the Eurodac authority. The basis is Regulation (EU) 2024/1358.

Urgent cases (paragraph 1)

In the urgent cases under § 23 para. 4 sentence 1, data is transferred by

• the Federal Foreign Office (Auswärtiges Amt),
• the German missions abroad, or
• the Federal Office for Foreign Affairs (Bundesamt für Auswärtige Angelegenheiten).

They transfer the biometric data recorded under Article 18 of Regulation (EU) 2024/1358 and the data to be stored under Article 19 of Regulation (EU) 2024/1358. The recipient is the authority designated under § 88 para. 1 of the Asylum Act for transferring this data to Eurodac.

Notification when you acquire German citizenship (paragraph 2)

If your data is stored in Eurodac under Regulation (EU) 2024/1358 and you acquire German citizenship as a third-country national or stateless person, the immigration authority reports this without delay as soon as it learns of it. The same applies if it is established that you already hold German citizenship. The report goes to the authority designated under § 88 para. 1 of the Asylum Act. The purpose is the early deletion of your data under Article 30 para. 1 subparagraph 1 of Regulation (EU) 2024/1358.

Notification if your habitual residence is abroad (paragraph 3)

If you are a third-country national habitually living abroad and you acquire German citizenship, the citizenship authority (Staatsangehörigkeitsbehörde) reports this without delay to the same authority. Here too the purpose is early deletion under Article 30 para. 1 subparagraph 1 of Regulation (EU) 2024/1358. The same applies if it is established that you hold German citizenship. If the Federal Office of Administration (Bundesverwaltungsamt), acting as the authority for displaced persons, issues a certificate under § 15 para. 1 or 2 of the Federal Expellees Act (Bundesvertriebenengesetz), it also reports this without delay for early deletion.

Automated notification (paragraph 4)

The notifications under paragraphs 2 and 3 can be carried out automatically.