Discussion Paper for the Panel Meeting on Migration Data Management and

Migration Trends

5-6 March 2015

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This publication has been produced with the assistance of the European Union based on the responses received from

the European Union Member States and Eastern Partnership countries. The contents of this publication are the sole

responsibility of its authors and can in no way be taken to reflect the views of the European Union.

International Organization for Migration (IOM), 2015.

All rights reserved. No part of this publication may be reproduced without the express written permission of the

European Union and the International Organization for Migration.

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Table of Contents

I. Introduction ................................................................................................................................................ 4

II. Executive Summary .................................................................................................................................... 5

III. Migration data collection ....................................................................................................................... 6

A. International legal framework for the collection of migration statistics ............................................... 6

B. National migration data collection systems ........................................................................................... 7

C. Types of information that is collected .................................................................................................... 9

IV. Migration data management ............................................................................................................... 11

A. Storing and accessing information ....................................................................................................... 11

B. International cooperation on migration data ...................................................................................... 13

C. Spheres for further improvements in migration data management ................................................... 15

V. Migration data analysis ............................................................................................................................ 18

A. Analysis of the migration situation ....................................................................................................... 18

B. Migration intelligence .......................................................................................................................... 19

VI. Data Protection .................................................................................................................................... 21

A. Legal regulations on the protection of migration data ........................................................................ 21

B. Restrictions on data collection and dissemination ............................................................................... 22

VII. Annexes ................................................................................................................................................ 23

Annex I. Questionnaire distributed among the participants ........................................................................ 23

Annex II. State agencies involved in migration data collection .................................................................... 24

Annex III. Types of information collected ..................................................................................................... 26

Annex IV. Information databases and access to the data ............................................................................ 28

Annex V. International cooperation ............................................................................................................. 30

Annex VI. Spheres of improvement identified by the participating states .................................................. 31

Annex VII. Analysis of migration data ........................................................................................................... 33

Annex VIII. Migration intelligence units and prognosis ................................................................................ 35

Annex IX. National legislation on data protection........................................................................................ 37

Annex X. Restrictions on data collection and dissemination ....................................................................... 38

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I. Introduction

This discussion paper was prepared in the context of the Eastern Partnership Panel for Migration and Asylum as background and preparatory information for the Panel meeting on migration data management and migration trends, which is to take place in Budapest on 5-6 March 2015. It has been developed based on responses received from 14 European Union Member States 1 (EU MS) and five of its Eastern Partners2 (EaP countries) to a specific questionnaire developed to that end. The purpose of this paper is to provide an overview of (i). the national approaches to migration data collection, processing and management as well as challenges faced therein, (ii). methodologies for data analysis and objectives pursued and (iii). the national mechanisms ensuring the protection of migration and asylum data.

International migration is a highly complex and dynamic phenomenon, relevant for nearly all countries of the globalized world. Having significant effects on the countries of origin, countries of destination and countries of transit, migration in the variety of its forms has to be quantitatively assessed and measured in order to be adequately understood. Precise statistical data can help gaining a comprehensive picture of the phenomenon. Furthermore, reliable data can support the development of policy and administrative responses to migration patterns and trends. Quality analysis of migration data can also support the formulation of forecast and risk analysis and allow for targeted planning of resources to be allocated. Cooperation and exchange of data with other countries and regions can greatly contribute to establishing and verifying the migration situation at the national, regional and global levels.

At the same time, the mere collection of data on migration and asylum will not serve this purpose. In order to support the desired analysis and planning purposes, the data has to be reliable and up-to-date. Regarding the reliability, it is important that the set of information is clearly delimited and common definitions agreed with all parties involved. Since a multitude of actors hold and gather migration-related or –relevant data, it is equally crucial that the methodology, the periodicity and the collection process are clearly set out and that the mechanism for collection and analysis are attributed to a government mandated to that end and in charge of coordination of input and processing of information.

The replies to the questionnaire show that different approaches are used at the national level throughout the EaP countries and the EU MS, reflecting the national context, policies in place and administrative regulations. Whilst the international community has put considerable effort into establishing common terminology on migration data, national priorities and specificities still lead to differences in methods and standards. A balance needs indeed to be found between international comparability and compatibility of migration statistics and needs at the national level.

Another balance that needs to be found concerns the principles applicable to the protection of individual data on the one hand, and the need to efficiently gather, process and analyze data for evidence-based planning, risk analysis and mapping of trends.

The present discussion paper, in the context of the dedicated Panel meeting, seeks to highlight how these balances between individual, national and international interests are sought and implemented throughout the EU and the Eastern partnership countries. The discussion proposed on the basis of this paper will aim at contributing to enhanced mutual understanding, exchange and harmonization of approaches. The questionnaires sent to the participating states comprised seven questions (see Annex I) aimed at finding out more on the migration data management and analysis systems existing in the EU MS and EaP countries.

1 The following EU MS provided input: the Czech Republic, Denmark, Estonia, Finland, Hungary, Latvia, Lithuania,

Luxembourg, the Netherlands, Poland, Portugal, Romania, Slovakia and Sweden. 2 The following EaP countries provided input: Armenia, Azerbaijan, Georgia, Moldova and Ukraine.

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II. Executive Summary

HARMONIZATION OF TERMINOLOGIES AND DEFINITIONS IS KEY In all responding countries a variety of authorities are involved in gathering a multitude of directly or indirectly migration-relevant data. This exercise is coordinated either by the immigration or the statistics authorities. Whilst for the EU MS the Regulation on migration statistics3 provides for common definitions of the scope and type of information to be collected and shared, this is not the case for the Eastern partnership countries. However, clear definitions are crucial to ensure that the data is reliable and can support evidence-based planning, as well as intelligence, that serve policies and cooperation both at the national and the regional level.

CENTRAL COMPREHENSIVE DATABASES ARE IDENTIFIED AS AN ADVANTAGE The multitude of migration data sources and agencies that gather them, is quite often reflected by a multitude of separate registers, such as population registers, visa information system or border guard data bases. Whilst this ensures that data is only handled by the mandated and relevant authority, it also renders the comprehensive collection, comparison and analysis of the information more difficult, as indicated by certain of the responding countries that see it as an area for improvement and see it as important to connect their separate data bases. Others have opted for all inclusive unified and central data bases, which support easy access to the whole set of data for further processing when access is granted to the service in charge of analysis.

MIGRATION DATA SUPPORTS BOTH MAPPING OF THE MIGRATION SITUATION AND INTELLIGENCE As confirmed by the responding countries, policy developments and planning, including institutional, administrative and resource allocation, are based on careful analysis of migration data which is used, throughout the EU MS and the EaP countries, to support better understanding of migration and demographic trends as well as to conduct risk analysis and develop early warning mechanisms. Regarding the migration situation, the EU MS highlighted that they publish and share a variety of regular updates, whilst the Eastern Partners are currently fine-tuning the mechanisms for reliable and systematic production of their national migration profiles.

DATA PROTECTION REQUIRES CAREFUL TREATMENT Whilst only a few responding countries have specific provision on data protection in the field of migration, all replies indicated that common data protection principles apply in this sphere. Throughout the responding countries, data can thus only be shared if it does not reveal the identity of a person.

3 Regulation (EC) No 862/2007 of The European Parliament And Of The Council of 11 July 2007 on Community

statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers.

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III. Migration data collection

A. International legal framework for the collection of migration statistics

Regarding the EU MS, the collection of statistical information in the sphere of migration and asylum is regulated by the 2007 Regulation on Community statistics on migration and international protection4 (Migration Statistics Regulation) which establishes common rules for collection and compilation of data.

In line with said regulation, the EU MS are to provide data covering the following areas:

Immigration to and emigration from the MS territories;

The citizenship and country of birth of persons usually resident in the EU MS;

Administrative and judicial procedures in the MS relating to immigration, the processes of granting residence permits, citizenship, asylum and other forms of international protection, as well as procedures concerning illegal migration prevention.

The regulation is supplemented by two additional implementing regulations: the Commission Regulation (EU) 351/2010, as regards the definitions of the categories of the groups of country of birth, groups of country of previous usual residence, groups of country of next usual residence and groups of citizenship5 and the Commission Regulation (EU) 216/2010, as regards the definitions of categories of the reasons for the residence permits6. They both aim at ensuring comparability of statistics that are gathered, as well as harmonizing data collection processes.

The United Nations Recommendations on Statistics of International Migration (Rev.1)7 are of relevance for both the EU MS and EaP countries, although they are not legally binding. They provide common definitions of terms used in migration statistics, compare different approaches for measurement systems, present an overview of methodological aspects and lay out recommendations on how to develop asylum statistics.

4Regulation (EC) No 862/2007 of The European Parliament And Of The Council of 11 July 2007 on Community statistics

on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers (available at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:199:0023:0029:EN:PDF) 5 Commission Regulation (EU) No 351/2010 of 23 April 2010 implementing Regulation (EC) No 862/2007 of the

European Parliament and of the Council on Community statistics on migration and international protection as regards the definitions of the categories of the groups of country of birth, groups of country of previous usual residence, groups of country of next usual residence and groups of citizenship (Text with EEA relevance) (available at http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32010R0351) 6Commission Regulation (EU) No 216/2010 of 15 March 2010 implementing Regulation (EC) No 862/2007 of the

European Parliament and of the Council on Community statistics on migration and international protection, as regards the definitions of categories of the reasons for the residence permits (available at http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32010R0216) 7United Nations Recommendations on Statistics of International Migration (Revision 1) (available in English at

http://unstats.un.org/unsd/publication/SeriesM/SeriesM_58rev1R.pdf and in Russian at http://unstats.un.org/unsd/publication/SeriesM/seriesm_58rev1e.pdf)

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The UN Statistics on International Migration: Practical Guide for Countries of Eastern Europe and Central Asia (2011)8 is applicable for the EaP states and touches upon specifics of data collection in the CIS region. It also offers a wide range of recommendations on data management, sources of information, terminology and various types of statistics, measurements and presentation of data.

B. National migration data collection systems

Since mapping migration is a challenging task connected to a variety of factors, the existing international legal basis and recommendations reflect the complexity of the migration statistics that are gathered by states. The complexity lies in the fact that data is collected from a variety of sources, which in turn requires the involvement of multiple state institutions.

Aiming to achieve greater reliability and comparability of the collected data, the EU Migration Statistics Regulation9 suggests that information sources such as records of administrative and judicial actions, registers relating to administrative actions, registers of the population of persons or of a particular subgroup, as well as censuses and sample surveys are to be used. This list of sources correlates with the UN Recommendations, which suggest that data should be collected from administrative registers, administrative sources, border collections and household-based field inquiries. Based on the replies received to the questionnaire distributed among the participating countries, it can be concluded that the complexity and multiplicity of sources is acknowledged in both the EaP countries and the EU MS since in all responding countries, various state authorities, institutions and structures are involved in the data collection process. Concretely, the following agencies were reported to participate in migration data collection:

Migration/immigration service (Armenia, Azerbaijan, Denmark, Finland, Hungary, Latvia, Luxembourg, Moldova, Poland, Portugal, Romania, Slovakia and Sweden)

Border guard service/alien police (Azerbaijan, the Czech Republic, Estonia, Finland, Hungary, Latvia, Lithuania, Moldova, Poland, Romania, Slovakia and Sweden)

Ministry of Foreign affairs and foreign service missions (Estonia, Finland, Georgia, Hungary, Latvia, Moldova, Poland and Sweden)

Statistical service (Armenia, the Czech Republic, Denmark, Georgia, Hungary, Moldova and Poland)

Security service (Azerbaijan)

Ministry of Interior (Armenia, the Czech Republic, Georgia, Moldova, Poland and Slovakia)

Police (the Czech Republic, Denmark, Estonia, Finland and Hungary)

Ministry of Justice (the Czech Republic, Denmark and Georgia)

Labour and employment authorities (Azerbaijan, the Czech Republic, Denmark, Lithuania, Moldova, Poland and Slovakia)

Social security authorities (Azerbaijan, Lithuania and Moldova)

Health authorities (Azerbaijan, the Czech Republic and Hungary)

Education authorities (the Czech Republic and Moldova,)

Taxation authorities (Azerbaijan)

Trade authorities (the Czech Republic)

Ministry of Finance (Georgia)

8 United Nations Economic Commission for Europe and United Nations Population Fund Statistics on International

Migration: A Practical Guide for Countries of Eastern Europe and Central Asia (2011) (available at http://www.unece.org/fileadmin/DAM/stats/publications/International_Migration_Practical_Guide_ENG.pdf) 9 Regulation (EC) No 862/2007 of The European Parliament And Of The Council of 11 July 2007 on Community

statistics on migration and international protection (Article 9)

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State administrative authorities (Denmark and Hungary) Most national systems for migration data collection and management thus consist of a combination of administrative bodies dealing with migration (such as migration services, border guard services, law enforcement agencies and foreign offices); national statistical institutions, which possess data from censuses and surveys; as well as those administrative bodies that are not clearly associated with migration, but might track certain data on migrants (such as labour and employment authorities, social security services, taxation and finance agencies and health authorities).

The Central Statistical Office in Hungary produces statistics on immigrants and emigrants, as well as on foreign residents by using data from the Central Immigration Register and Refugee Affairs Information System. Besides these main organizations, there are other institutions that have migration-related data sources: educational databases, the register of foreign workers, the register of pension insurance, the database of National Tax and Customs Administration. These data sources can also be used to enhance the range and quality of migration statistics.

At the same time, and as a general rule, there is often one agency that leads, coordinates or collects most of the data from different sources:

Migration/immigration authorities (Azerbaijan, Denmark, Finland, Hungary, Latvia, Luxembourg, Portugal, Romania, Sweden and Ukraine)

National Statistical authorities (Armenia and Slovakia)

Ministry of Interior (the Czech Republic and Estonia)

Ministry of Security and Justice (the Netherlands)

State Border Guard Service (Lithuania) The majority of the countries that replied to the questionnaire stated that civil society is not involved in data collection (Armenia, the Czech Republic, Denmark, Finland, Latvia, Luxembourg and Poland).

Georgia however shared their good practice of involving seven international organizations and five Local NGOs in data collection. These have been granted the status of consultants to the State Commission on Migration Issues.

The exact terms of cooperation and coordination of migration data collection among various authorities differs from country to country, depending on the national legislation and functionality of the whole system. For some states, the statistical bodies play the lead role in pulling all the data together (as in case of Czech Republic). In other countries, this role is assumed by the authority associated with migration and asylum (as in the case of the Netherlands).

In the Czech Republic the majority of agencies providing migration statistics cooperate with the Czech Statistical Office. Together they prepare the annual publication “Foreigners in the Czech Republic”, which contains all statistics in the field of migration. Most of them are also members of the Analytical Centre for Border Protection and Asylum, which is coordinated by the Ministry of Interior. This centre is an inter-agency body that roofs over analytical units in the participating institutions.

The Netherlands Ministry of Security and Justice receives management information from the implementing agencies, which is in turn pieced together. Most information is periodically provided and on top of that, the Ministry questions the agencies for specific

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added information on an ad hoc basis. The implementing agencies do not have automatic access to each other’s data. Every month, the Ministry of Security and Justice consults with them on recent developments, what the data supplied highlights and what conclusions can be drawn when their data is being connected with one another. Subsequently, these consultations address how to use the conclusions when managing the ‘chain’ of implementing agencies.

One tool used in order to achieve good inter-agency cooperation is joint access to a common single migration and/or asylum data base, as stressed by several of the responding countries.

In Azerbaijan, in order to increase the cooperativeness and efficiency of information-searching activities, the Unified Migration Information System is integrated into the State Register of the Population, and its “Entry-exit and registration” section allows conducting interagency searches. This promotes mutual data exchange.

In Slovakia, the joint “MIGRA” information system, which is shared by the Bureau of Border and Alien Police of the Presidium of the Police Force and the Migration Office of the Ministry of Interior of the Slovak Republic, ensures centralized access to information concerning irregular migration and international protection.

Please see Annex II for detailed information on state agencies involved in migration data collection.

C. Types of information that is collected

The type of statistical information on migration and asylum gathered by the EaP countries depends on their national needs and legislation. The EU MS also have national legal regulations that outline how such information is to be collected, but at the same time, they are also to gather a specific set of data and to provide this to Eurostat, as stipulated by the Migration Statistics Regulation:

International migration, usual resident population and acquisition of citizenship (numbers associated with immigrants, permits, etc.);

International protection (numbers associated with applicants, applications, decisions, etc.);

Prevention of illegal entry and stay (numbers associated with entry refusals and illegally present migrants);

Resident permits and residence of third-country nationals (numbers associated with short- and long term resident permits);

Returns of third-country nationals (numbers associated with return of illegally present third country nationals).

In addition, this data should be disaggregated by age, sex and timeframes.

The replies from the EU MS to the questionnaire fully reflect this scope of data. The EaP states do de jure not have common requirements concerning the collection of certain type of statistical information, but the replies show that they all do collect a comprehensive set of migration and asylum data, essentially covering the main information gathered in the EU MS. Variations can be observed however in terms of methodology and details in the categories of data.

As confirmed by the all the responding countries, migration statistics are crucial for analysis and development and implementation of migration and asylum policies.

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For example, in Latvia, the collected migration-related data serves both practical and analytical purposes. Data is used in order to make appropriate decisions for development and implementation of migration and asylum policy. At the same time, it is also used to ensure prompt cooperation between authorities involved in the decision making process, as well as to ensure that data is comprehensive and of easy access for the different authorities when carrying out immigration control. Also, data is used to analyze migration flows and trends, as well as to forecast future developments.

Concretely, and as indicated by the responding countries, migration statistics serve the following purposes (full list):

Policy development (Armenia, the Czech Republic, Denmark, Latvia, the Netherlands and Slovakia);

Migration regulation and reactions to migration challenges (Armenia and Azerbaijan); Managing the caseload of migration authorities (Denmark, Finland and Luxembourg); Coordination between authorities (Latvia, the Netherlands and Ukraine); Analysis of migration processes (Armenia, the Czech Republic, Denmark, Georgia, Hungary, Latvia,

Poland and Sweden); Developing forecasts (Azerbaijan and Poland); Ensuring public order and national security (Azerbaijan); Making social security decisions (Finland); Research (Armenia and Ukraine).

Please see Annex III for detailed information on types of information collected.

Possible topics for discussion

Which difficulties does your country face in migration data collection?

Does the existing legislation ensure good coordination for migration and asylum data collection? Is a clear key agency identified and sufficiently mandated?

What are the steps of the process from data collection to policy development?

Would you see an added value in including data collected by NGOs in data collection? In what spheres?

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IV. Migration data management

A. Storing and accessing information

All of the participating countries store the gathered migration and asylum information in dedicated databases. Several have a variety of registers (such as population registers, visa information systems, border guard databases, employment or resident registers, etc.) where relevant state bodies store specific information separately from the information of other state bodies. This is the case in Estonia, Georgia, Lithuania, Luxembourg, Poland and Ukraine.

Any person registered in Luxembourg is entered into the national register of individuals. Other databases, such as “AEIMM” for immigration and “MJDA” for asylum, contain information on immigration or asylum procedure, and are only accessible to the Immigration Directorate of the MFA and partly by the Luxembourg Reception and Integration Agency of the Ministry of Family.

In Denmark the migration data information system only contains data on migration flows. As for stock figures, they are provided by the NSI (National Statistics Institute of Denmark).

Other responding countries indicated that they work with centralized databases that contain comprehensive information on migration and asylum (like in the case of Azerbaijan, Czech Republic, Denmark, Finland, Hungary, Latvia, Moldova, the Netherlands, Romania, Slovakia and Sweden).

Latvia has a Comprehensive Migration Information System (CMIS), which incorporates several subsystems, such as the Population Register, the Register of Prohibition of Entry, the Register of Residence Permits, the Register of Work Permits, the Register of Invitations, the Register of Asylum seekers and refugees.

In the Netherlands, all implementing agencies have their own workflow systems from which management information can be extracted. A central system (the so-called Common Immigration Network) ensures that the implementing agencies can transmit relevant signals for workflow management to each other.

The General Inspectorate for Immigration of Romania has a Management Information System of Foreigners. This system is interconnected with other systems that contain information on migration and asylum: the National Information System of Alerts, the National Visa Information System and other systems that contain relevant information.

In Slovakia, the Information system MIGRA, a joint system shared by the Bureau of Border and Alien Police and the Migration Office, is the central source of information concerning irregular migration and international protection. It is used to produce statistical information and reports at the national, European and international level, and also for the creation of analytical products.

The Swedish Central Database on Foreigners (CDF) is comprised of several databases and the information contained in the CDF is presented in two applications called STAMM and WILMA (Webbased Information Linking Migration Authorities), which are IT-based systems used to process aliens and citizenship cases by the Swedish Migration Board. The WILMA system is built around the logical flow of the migration process and

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is used by all parties involved in the process (Swedish Migration Board, the Police, and Foreign Service missions). The files created in this system are accessible to all parties.

Some of the EaP countries also indicate that they are working with overarching systems that include all migration data.

For example, in Azerbaijan, the Unified Migration Information System of the Azerbaijan Republic is used to this end. The system is an information database that contains information on foreigners, stateless persons and asylum seekers. It is coordinated with and integrated to existing other information resources and systems in Azerbaijan. The main purpose of the system is to provide necessary information and electronic services for the state entities involved in migration management which is done through automated documentation, verification, survey and analysis processes.

According to the replies received, access to the information stored in the databases is usually limited to certain state authorities and rarely shared with the public. As a rule, the agencies dealing (directly or indirectly) with migration and asylum issues are given full access to the data. This is the case for the majority of the participating countries (such as Azerbaijan, the Czech Republic, Denmark, Estonia, Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Slovakia and Sweden).

In the Netherlands, the central system also stores relevant personal data and data concerning processes and documents in order to ensure that all implementing agencies have access to the most updated information. In Finland, in addition to the migration management bodies, access to migration data is granted to police, Border guard, Customs, Centers for Economic, Transportation and Environment, Employment- and economy Offices, the Criminal Sanction Agency and the Non-discrimination Ombudsman.

In Poland data processed in the national collection of registers, records and the list in the foreigners’ cases shall be made available to the public administration bodies, courts of law and public prosecutors, Military Intelligence and Counterintelligence Services, Internal Security Agency and Foreign Intelligence Agency, Customs Service, fiscal intelligence authorities and authorities of financial information, state and local government organizational units, etc.

The UN Practical Guide10 highlights that administrative data is rarely published in the countries in Eastern Europe. In general, access to administrative data is restricted. According to this guide, it would be important to at least publish aggregated statistics. It further recommends that:

National statistical offices and ministries collecting migration data cannot single-handedly process the statistical data on all the variables and their combinations requested by users. In many countries, giving researchers access to anonymized microdata has become a kind of "cultural norm". This step doesn’t require additional financing. On the contrary, allowing public access to microdata reduces an agency’s additional data-processing burden11.

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United Nations Economic Commission for Europe and United Nations Population Fund Statistics on International Migration: A Practical Guide for Countries of Eastern Europe and Central Asia (2011), page 79. 11

Ibid, page 81.

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Although sharing data with a wider audience is recommended as a good practice by the UN, only some countries mentioned the possibility of granting academia access to the data (Armenia), as well as to private individuals (Armenia and Latvia) and NGOs (Latvia).

In Latvia, general statistics are available to the public, but detailed information on particular cases and individuals are available only to the state authorities, including law enforcement authorities. Non-governmental institutions that carry out monitoring of the activities of state institutions are allowed access upon request.

Please see Annex IV for detailed information on information databases and access to the data.

B. International cooperation on migration data

Gaining a comprehensive picture of migration trends and flows requires a great deal of cooperation. Most of the responding countries indicated that they exchange data within different international cooperation frameworks (such as Armenia, Azerbaijan, the Czech Republic, Finland, Hungary, Latvia, Lithuania, Luxembourg, the Netherlands, Romania, Poland, Slovakia, Sweden and Ukraine).

Moreover, nearly all applicable standards on international migration statistics underline the importance of working with unified definitions, comparable categories and harmonized methodologies. One of the ways to achieve this is to ensure communication between countries and organizations through international fora, as well as through participation in meetings and workshops related to international migration statistics (as mentioned by Denmark, Latvia, the Netherlands, Poland, Slovakia and Sweden).

The participating states highlighted in particular that international cooperation on migration and asylum statistics is greatly supported through the following organizations and initiatives:

Eurostat is the key agency for the EU MS, since it collects information on asylum and processed migration data from EU MS Ministries of Interior and related Immigration Agencies under four main areas:

The Asylum data collection provides monthly, quarterly and annual statistics. Monthly and quarterly data are sent within two months of the end of the period in question. Annual data is submitted within three months of the end of the year.

The Dublin data collection provides annual statistics. Data is submitted within three months of the end of the year.

The Residence permit (Resper) data collection provides annual data. Data is submitted within six months of the end of the year.

The Enforcement of Immigration Legislation (EIL) data collection provides annual data. Data is submitted within three months of the end of the year.

Cooperation with Eurostat was singled out by Armenia, the Czech Republic, Denmark, Estonia, Finland, Hungary, Latvia, Luxembourg, Poland, Portugal, Romania, Slovakia and Sweden.

Cooperation with the European Asylum Support Office (EASO) was highlighted by the Czech Republic, Denmark, Estonia, Finland, Hungary, Luxembourg, Poland, Romania and Sweden. The EASO regularly compiles information on the latest asylum trends and main countries of origin for the EU MS. This is based on data from a variety of sources, including information from the EU MS in the framework of the Early Warning and Preparedness System (EPS).

Cooperation with the Organization for Economic Co-operation and Development (OECD) was highlighted by Estonia, Finland, Poland and Slovakia. The OECD collects data from the participating

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countries and produces Key Statistics on Migration in OECD countries, which includes stocks and flows of immigrants, labour market outcomes of immigrants and statistics on migrants’ integration.

The UN High Commissioner for Refugees (UNHCR) provides data, reports, maps and other information required for field operations. It also produces statistical reports on the people of concern to UNHCR: Refugees, asylum-seekers, returned refugees, internally displaced and stateless people. It also operates an easily accessible online database on population, which contains diverse information on forced migrants. Armenia, the Czech Republic, Denmark, Estonia, Poland and Sweden highlighted their cooperation with the UNHCR.

The International Organization for Migration (IOM) conducts research activities world-wide that encompass several migration management topics. This includes migration trends and data, international migration law, migration and development, health and migration, counter-trafficking, labour migration, trade, remittances, irregular migration, integration, and return migration. The IOM collects and analyzes information, and produces migration profiles and world migration reports. Armenia, Poland, Slovakia and Ukraine highlighted their work with the IOM in this sphere.

Cooperation with the International Centre for Migration Policy Development (ICMPD) on comprehensive data collection and analysis (mentioned by Latvia) within the framework of certain initiatives, such as the Prague Process, was highlighted by Azerbaijan and Georgia as an important instrument in the development of country-specific Migration Profiles.

Georgia is actively involved in different international processes at both the regional and international level. The Prague process serves as an important platform for discussions concerning the process of comprehensive data collection and analysis along with support to the development of country-specific Migration Profiles.

Latvia, Lithuania, Poland and Romania highlighted their cooperation with Frontex, which collects information from different sources, including border authorities of MS and non-EU countries. Frontex provides an overview of the general situation, patterns and trends on irregular migration and cross-border criminal activities at the EU external borders.

Frontex has established a community called the Frontex Risk Analysis Network (FRAN), which links the intelligence networks of individual European countries under a single analysis. This provides a framework for knowledge sharing and the development of analytical and strategic reports on the current state of play at the external borders. It also facilitates the production of Semi-Annual and Annual Risk Analysis documents and other tailored risk-analysis products

Cooperation with the European Migration Network (EMN) was mentioned by Portugal and Sweden. The EMN collects and analyses migration and asylum statistics published in EMN Studies and Reports, as well as in the Annual Report on Migration and International Protection Statistics. The EMN can also provide information collected from the EU MS over a short time on specific topical issues through the so called EMN Ad-Hoc Query tool.

Denmark, Finland, the Netherlands, Poland and Sweden underlined their participation in Intergovernmental Consultations on Migration, Asylum and Refugees (IGC), an informal non-decision making forum for intergovernmental information exchange and policy debate on issues concerning the management of international migratory flows. The IGC brings together 16 Participating States, UNHCR, IOM and the EU.

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In addition, Denmark, Latvia and Sweden participate in initiatives on migration policies and statistics that are relevant to the Nordic countries within the Nordic countries cooperation; Latvia, Lithuania and Poland also participate in Baltic countries meetings on statistics.

Hungary, Latvia, Moldova and Slovakia mentioned the importance of cooperation with third countries either through direct exchange of statistical data or through international projects.

For Hungary, the SEEMIG project, which was implemented in 2012-2014, was a main strategic cooperation tool. The Hungarian Central Statistical Office (HCSO) had a leading role in this project. This South-East Europe Programme, which was funded by the European Union, aimed to address longer term migratory, human capital and demographic processes in South-East Europe, as well as their effects on labour markets, national and regional economies. The main goal of the project was to empower public administrations to develop and implement policies and strategies by using enhanced datasets and empirical evidence. The partnership included research institutes, statistics bureaus and local governments from eight countries and three observing countries. Latvia collects so called “mirror statistics”12, which are used to estimate international long-term emigration from Latvia. These mirror statistics are provided by Spain, Finland, Denmark, Netherlands, Norway, Sweden and Germany.

Please see Annex V for detailed information on international cooperation.

C. Spheres for further improvements in migration data management

The participating states identified the following areas as areas that would need of improvement in order to ensure more efficient management of migration and asylum data:

IT and technical challenges Development of specialized software and IT improvements (Armenia, Estonia and Moldova) Adjustments of the existing data management systems/databases (Azerbaijan, the Czech

Republic and Luxembourg)

Creation of analytical components in migration management Development of a unified migration analytical system (Georgia) Creation of an analytical unit (Ukraine)

Georgia is currently working on the development of a unified analytical system for migration, which will not be an operational unit, but rather carry out analytical and statistical functions. This system, the pilot version of which is scheduled for roll-out in 2016, will unify data from different databases and will contribute to improving the overall data quality.

Improving expertise Increasing the capacity of staff involved in migration data management (Azerbaijan and

Slovakia) Enhancing the exchange of best practices (Finland)

Improvements related to data and access

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International long-term emigration from Latvia to another country theoretically complies with international long-term immigration data from Latvia to this country. This relation is called mirror statistics.

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Improvements of data quality and harmonization of data requirements with EU standards (Denmark, Georgia, Hungary, Latvia, Luxembourg, the Netherlands and Slovakia)

Enhance the comparability of data (Georgia, Hungary, the Netherlands and Poland) Connecting/linking the databases (the Czech Republic, Georgia, Hungary, Poland and Slovakia) Improving data exchange between authorities (Moldova and Sweden) Make more use of the available data (Finland)

The Czech Republic highlighted as a general problem that some databases don’t have a “migrant/foreigner flag” in the system. Furthermore, it is not possible to interlink data from different databases in order to conduct more complex data analyses. Both these problems are results of strict data protection legislation.

Latvia highlighted that the complex nature of data on migration and asylum flows is a problem in the process of gathering and sharing information and statistical data (different cross-sections of data, amount of information, diverse methodologies for collection, storage and dissemination of data, time-limits for preparing information etc.). A more comprehensive approach would be useful when dealing with this issue both at the national and the international level.

Slovakia underlines that the breakdown of European statistics is often not in line with European legislation or national legislation. For this reason it is difficult to integrate the characteristics European statistics in national legislation. A good solution would be to more closely cooperate with experts in this field. (e.g. the recent launch of the working group within the framework of EASO, where determination of indicators and definitions of terms for statistical purposes are fine-tuned in close cooperation with Eurostat.)

Miscellaneous Harmonization of the legislation with EU standards (Azerbaijan and Ukraine) Improve reporting mechanisms (Finland) Improvement of the methodology for data analysis (Latvia) Clearly define funding opportunities (Internal Security Fund, Asylum, Migration and Integration

Fund) (Slovakia)

Slovakia stresses that the financial resources required to ensure the adaptation and flexibility of information systems (administrative resources) in order to comply with the requirements for statistics in the EU, are insufficient. This is partly due to the fact that the suppliers of these systems are external companies that require considerable financial resources in order to carry out changes and modifications.

Hungary, Latvia and Slovakia also highlighted that existing challenges need to be addressed at both the national and international level.

Hungary pointed to two necessary steps in this regard. Firstly, more resources are needed at the national level. Secondly, at the international level, the efficiency of cooperation between various international organizations should be improved. This should be based on existing international agreements (for example to avoid duplication).

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The UN guidelines13 recommendations for Eastern European countries also suggest that a more active utilization of administrative sources, the provision of public access to data; the establishment of regular interaction and cooperation between agencies with regard to data collection, storage and exchange could lead to considerable improvements. Please see Annex VI for detailed information on the spheres of improvement identified by the participating countries.

Possible topics for discussion

What pros and cons do you see in unified/central vs specific/thematic data bases?

Is it possible for researchers/academia to access to first-hand data?

Do you have bilateral cooperation on migration data exchange with third countries? On what grounds? How does it work in practice?

Do you collect information from countries that host important diaspora from your country?

Regarding the areas for further improvement that were named, which ones can be addressed at the national level and which ones require international cooperation or efforts?

13

United Nations Economic Commission for Europe and United Nations Population Fund Statistics on International Migration: A Practical Guide for Countries of Eastern Europe and Central Asia (2011), page 89.

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V. Migration data analysis

A. Analysis of the migration situation

According to the responses, the migration situation and migration trends are equally analyzed in both the EU MS and the EaP countries. The degree of analysis varies from country to country, depending on national policies and objectives to be achieved. Concretely, the countries indicated that analysis focuses on the following areas:

Migration trends (Azerbaijan, the Czech Republic, Denmark, Finland, Georgia, Hungary, Lithuania, the Netherlands, Romania, Sweden, Poland, Portugal and Ukraine)

Demographic situation (Armenia, Hungary, Latvia, Luxembourg, the Netherlands, Poland, Portugal and Slovakia )

Effects and impact of migration (Azerbaijan, the Czech Republic, Finland, Hungary and Lithuania) Migration processes (Azerbaijan and Moldova) Migration flows (Latvia) Country of origin information (Armenia)

The outputs of the analysis conducted in the EaP countries include national migration profiles (Georgia, Moldova and Ukraine), Action plans on the improvement of the demographic situation (Armenia) and analytical materials on migration trends (Azerbaijan).

The relevant Georgian state agencies are currently working on updating the Migration Profile, which is an important tool for analyzing migration related data. Currently, a working group created within the Secretariat of the State Commission on Migration Issues is developing an updated concept of the document in order to be more specific and enriched with analytical components when preparing the new profile.

The EU MS tend to produce more diversified products based on their migration data analysis activities, such as annual publications on migration (the Czech Republic, Latvia, Poland, Portugal and Slovakia), medium- and long term labour market forecasts (Latvia), migration monitor (the Netherlands), risk analysis reports on migration (Romania) and various migration statistics reports (Slovakia).

In the Netherlands, the Ministry of Security and Justice collects information from the implementing agencies in order to analyze trends based on actual figures and forecasts. Research on the subjects is carried out by the Scientific Research and Documentation Centre. In addition, the statistics service of the Netherlands produces demographic projections, partly based on data from the Immigration and Naturalization Service. Besides that, various research bureaus and universities carry out research on migration developments. Sometimes these institutions produce a co-production (e.g. The Netherlands Migration Monitor). In Slovakia, the Bureau of the Border and Alien Police analyses migration trends in the field of irregular migration and partly in the field of legal migration of aliens. As for irregular migration, it conducts periodic risk analysis (2-month, half-yearly, annual or ad-hoc specific analysis). The analytical materials are also distributed to other services of the Presidium of the Police Force, Ministries, FRONTEX and EU MS. In the field of legal migration, the Bureau produces various statistical reports, graphs and, on request, analytical assessments of the status and development of legal migration of aliens. This information is also provided to the Statistical Office of the Slovak Republic, which analyzes demographic trends. The analysis of current migration trends is

19

processed on an annual basis and made public in the publication “Foreign migration and aliens in the Slovak Republic.”

Please see Annex VII for detailed information on analysis of migration data.

B. Migration intelligence

As reported by the participating states, intelligence units dealing with analysis of the migration and asylum data exist in Azerbaijan, the Czech Republic, Denmark, Estonia, Latvia, Lithuania, Moldova, the Netherlands, Poland, Sweden and Ukraine. Hungary informed that it is working on the establishment of a dedicated unit for Coordination and Analysis.

Such units are often, but not always, established within the state bodies dealing with migration and asylum. In Azerbaijan, Denmark, Moldova, Poland, Sweden and Ukraine, they are an integrated part of the migration/immigration service. In Latvia, Lithuania and Poland they are found within the structure of the border guard service. In the Czech Republic the analysis is performed by the Department for Asylum and Migration Policy under the Ministry of Interior, while in the Netherlands it is carried out under the Ministry of Security and Justice.

Various types of prognosis and forecasts are produced in Denmark, Estonia, Lithuania, the Netherlands, Slovakia and Sweden.

For example, in Denmark, the Immigration Service uses intelligence in order to support case management and budgeting, as well as to provide prognosis on asylum influx, migrants at the different stages of the migration case processing system, applications for family reunification and the number of persons subject to integration support in Denmark. In Lithuania, the analytical units of the Border Guard produce analysis that includes estimations of possible future trends of irregular immigration and cross-border criminality. However, this estimation is expressed in a qualitative rather than a quantitative fashion. Sweden produces forecasts/prognosis for the coming 24 months on migration to Sweden, as well as on the costs and effects it will have on the Swedish Migration Board (SMB). The forecasts are updated five times per year and presented to the Swedish Government. Apart from the more strategic approach in the forecasts/prognosis, SMB also work on a more operative level by producing weekly reports to the management of the Swedish Migration Board. These reports contain information on the current situation along the migration routes, possible new modus operandi and changes in legislation/praxis among the member states of the EU etc. The Ministry of Economics of Latvia develops and regularly updates medium- and long term labour market forecasts. An important part of the labour market forecasting is the long term migration flow analysis and demographic forecasting. The demographic forecasts (including main migration assumptions) are annually updated and published in the Informative Report on Medium and Long-term Labour Market Forecasts.

Early warning mechanisms are in place in Finland, Latvia, Lithuania and Romania, whereas Sweden is

currently developing such a system.

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Please see Annex VIII for detailed information on the migration intelligence units and prognosis.

Possible topics for discussion

What do you publish / make available to the public in terms of analytical reports (on migration data and trends)?

How do Early Warning Mechanisms work in practice? In what areas do you use them?

Do the EaP states produce migration forecasts and how is this implemented in practice?

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VI. Data Protection

A. Legal regulations on the protection of migration data

The Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data 14(the Data Protection Directive) seeks to achieve a balance between a high level of protection for the privacy of individuals on the one hand, and the exchange and movement of personal data within the EU, on the other.

In Article 7 the Directive lays out the conditions for processing of personal data:

Member States shall provide that personal data may be processed only if: a) the data subject has unambiguously given his consent; or b) processing is necessary for the performance of a contract to which the data subject is party or in

order to take steps at the request of the data subject prior to entering into a contract; or c) processing is necessary for compliance with a legal obligation to which the controller is subject;

or d) processing is necessary in order to protect the vital interests of the data subject; or e) processing is necessary for the performance of a task carried out in the public interest or in the

exercise of official authority vested in the controller or in a third party to whom the data are disclosed; or

f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by the third party or parties to whom the data are disclosed, except where such interests are overridden by the interests for fundamental rights and freedoms of the data subject which require protection under Article 1 (1)

All of the participating EU MS confirmed to have implemented the directive in their national legislation.

Some countries also have specific national legislation concerning specifically data on migration and asylum, in addition to the general legislation on data protection. For example, in Finland the Act on personal data protection and the Act on the Aliens Register are applicable especially to the migration management system (Aliens register). Slovakia also has a specific regulation on the use of the information system on migration and international protection, in addition to the Regulation on protection of personal data.

The responding EaP countries (Armenia, Azerbaijan, Georgia, Moldova and Ukraine), also confirm that data protection legislation is in place.

In order to better implement and monitor the law on data protection, Georgia has assigned a designated data protection inspector with a fully functional office.

Please see Annex IX for detailed information on the legislation on data protection.

14

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (available at http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:31995L0046)

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B. Restrictions on data collection and dissemination

The Data Protection Directive15 prohibits (with certain exceptions) processing of data that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, or that contains information on a person’s health situation or sexual orientation.

Only Denmark, Finland, Latvia, the Netherlands, Romania and Ukraine listed the restrictions that apply and that correlate with categories laid out in the Data Protection Directive, namely:

Ethnicity (Denmark, the Netherlands and Romania)

Race (Denmark, Latvia and Romania)

Sexual orientation/preference (Latvia and the Netherlands )

Political views and affiliation with political parties (Denmark, Latvia and Romania)

Religion and religious views (Denmark, Latvia, the Netherlands and Romania)

Philosophical opinion (Romania)

Denmark noted that although data on ethnicity, race, political views or religion is not individually stored, such data might be collected as qualitative information on asylum cases when relevant.

The Data Protection Directive also stresses the importance of confidentiality when processing the data. Article 16 states that:

Any person acting under the authority of the controller or of the processor, including the processor himself, who has access to personal data must not process them except on instructions from the controller, unless he is required to do so by law.

Confidentiality rules applicable when processing of personal data in the field of migration and asylum were highlighted in the responses of Armenia, Azerbaijan and Finland. Estonia also underlined the importance of having the consent of the data subject. As for public dissemination of the data, the Czech Republic, Sweden and Ukraine support sharing information when it does not reveal the identity of data subjects.

The level of data protection in the Czech Republic is very high, much due to historical experiences. Statistics can be published or provided when they are disaggregated to the point where identifying individual persons is not possible. In cases where statistics are not publically available, anyone can apply for its provision in accordance with the law on free access to information. The provision of data would in this case need to be in accordance with the personal data protection law.

Please see Annex X for detailed information on restrictions for data collection and dissemination.

Possible topics for discussion

Do you think there is there a need in specific migration-related data protection legislation at the national level?

Are there exceptional cases when sensitive information can be collected or shared? What are these cases?

15

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, Article 8.

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VII. Annexes

Annex I. Questionnaire distributed among the participants

1. Please briefly outline the migration data management system of your country, its content and functions. What information do you collect and process on migrants and asylum seekers and what authorities are involved in the gathering of data?

2. Which is the responsible authority for migration data collection and management and which authorities have access to the migration data? For what purposes is it commonly used?

3. What legal regulations are there in place for data protection? What information can or cannot be gathered on migrants and asylum seekers and what restrictions are there for dissemination?

4. Does your country analyze migration trends and the effects of those on your country´s asylum and migration system as well as long term demographic trends?

5. Do you have migration intelligence units producing i. e. prognosis for a period of years on the number of migrants and asylum seekers or early warning mechanisms?

6. What international cooperation does your country participate in with regards to collecting and disseminating migration data? Do you also involve NGO´s in the gathering of data?

7. What improvements are you in need of in order to better manage the migration data needs of your country and in order to have at your disposal the necessary information in order to satisfy the needs of your authorities?

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Annex II. State agencies involved in migration data collection

Country Responsible authorities and sources of information

Who manages/coordinates the process

Are NGOs involved in data collection?

Armenia National Statistical Service Police, State Security Service, Ministry of Interior, State Migration Service

National Statistical Service No

Azerbaijan State Migration Service, State Border Guard Service, Commission on Citizenship, Ministry of National Security, Ministry of Labour and Social Protection of the Population, Ministry of Health, Ministry of Taxes

State Migration Service n/a

Czech Republic

Czech Statistical Office gathers data from the Ministry of Interior, Alien Police, Police, Ministry of Labour and Social Affairs, Ministry of Industry and Trade, Ministry of Justice, Ministry of Education, Youth and Sport, Ministry of Health

Department for Asylum and Migration Policy, MoI

No

Denmark NSI (Statistics Denmark), Danish Immigration Service, Ministry of Justice, Ministry of Employment, Danish Agency for Labour Market and Recruitment, Department of Civil Affairs, State Administration, Danish National Police.

Danish Immigration Service No

Estonia Police and Border Guard, consulates. Ministry of Interior n/a

Finland Finnish Immigration Service, police, Border guard and Finnish representations abroad (or the Ministry for Foreign affairs)

Finnish Immigration Service and Ministry of Foreign Affairs

No

Georgia Public Service Development Agency, Ministry of Internal Affairs, Ministry of Foreign Affairs, Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees, Ministry of Finance, National Statistics Service

n/a Yes, certain NGOs are given a status as consultants to the State Commission on Migration Issues

Hungary Central Office for Administrative and Electronic Public Services, Office of Immigration and Nationality, National Health Insurance Found Administration, foreign representations, border management authorities, police, asylum authorities, courts

Office of Immigration and Nationality

n/a

Latvia Office of Citizenship and Migration Affairs, State Border Guard and also Ministry of Foreign Affairs (Consular Department and diplomatic and consular representations abroad)

Office of Citizenship and Migration Affairs

No

Lithuania Ministry of Social Security and Labour, State Border Guard Service

Ministry of Social Security and Labour, State Border Guard Service

n/a

Luxembourg Directorate of Immigration Directorate of Immigration No

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Moldova Bureau for Migration and Asylum of the MoI, Ministry of Labour, Social Protection and Family, Ministry of Information Technologies and Communications, Ministry of Education, National Statistical Bureau, Border Police, Ministry of Foreign Affairs and European Integration.

Bureau for Migration and Asylum of the MoI

n/a

Netherlands Each implementing agency collects and manages its own data. They are individually responsible

Ministry of Security and Justice

n/a

Poland Central Statistical Office, Ministry of Labour and Social Policy, Ministry of Foreign Affairs, Social Insurance Institution, Agricultural Social Insurance Fund, Polish Border Guard, Office for Foreigners.

Central Statistical Office, Ministry of Labour and Social Policy, Ministry of Foreign Affairs, Social Insurance Institution, Agricultural Social Insurance Fund, Polish Border Guard, Office for Foreigners

No

Portugal Immigration and Borders Service Immigration and Borders Service

No

Romania General Inspectorate for Immigration, Border Police, other relevant institutions.

General Inspectorate for Immigration

n/a

Slovakia Bureau of Border and Alien Police of the Presidium of the Police Force and Migration Office of the Ministry of Interior, Ministry of Labour Social Affairs and Family

Statistical Office n/a

Sweden Swedish Migration Board, Police and the Swedish foreign missions

Swedish Migration Board n/a

Ukraine Different state authorities State Migration Service n/a

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Annex III. Types of information collected

Country Type of data collected Purpose of data collection

Armenia Census data, information on visas, residence permits, citizenship, asylum seekers information.

Development of migration policies, analysis of the migration processes and their regulation, research purposes.

Azerbaijan Wide range of information on foreigners and stateless persons

Forecast of migration movements, provision of management in times of natural disasters, emergencies, martial law, ensuring public order and national security

Czech Republic Information on regular and irregular migration, international protection, work permits, citizenship, trade licenses, sentences, judicial expulsions.

Policy development, preparation of the annual publication “Foreigners in Czech Republic”

Denmark Wide range of variables related to migrants’ stay in the county.

Management of different migration authorities’ respective case loads, for policy use and analysis.

Estonia Visa-related information, work and residence permit information, asylum-seekers information.

n/a

Finland Applications (or declarations, proposals, etc.) and decisions related to asylum, residence permit, registration of EU-citizens, removals from the country (refusal of entry or deportation) and citizenship.

The data management system has been developed in order to handle issues related to asylum and migration. It is also used to maintain the Population Information System, as well as to support decision making in cases concerning social security services to aliens by the Social Insurance Institution.

Georgia Information on residence cards and residence permits, citizenship, cases of expulsion, border crossings, visas, readmitted and deported persons, granting refugee, humanitarian and repatriate status, taxpayer legal entities.

Different administrative bodies collect and analyze the data.

Hungary Wide range and quality of migration statistics on EEA citizens, third-country nationals, illegal migrants and asylum seekers, residence permits, etc.

The data is used for analysis.

Latvia All relevant information on legal migration, illegal migration and asylum, including data on residence permits, asylum decisions, visa applications and border crossings.

The data support policy development and implementation. They are used to ensure prompt cooperation between authorities and to analyze trends.

Lithuania Issued working permits, information on integration of foreigners, data about habitants of Refugee Reception Center, entry and exit data of third country nationals.

n/a

Luxembourg Information on immigration or asylum procedures.

The database is used to facilitate the workflow and for statistics purposes.

Moldova Entry/exit information, data on residence permits, work permits, emigration, etc.

n/a

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Netherlands Relevant personal data and data concerning processes and documents.

The information is used to direct and manage the ‘chain’ of implementing agencies, as well as to develop policy and ensure its implementation.

Poland Wide variety of data on employment of foreigners, residence and work permits, migration and international protection.

The information is collected for analysis.

Portugal n/a The data is used for analytical reports on migration and international protection.

Romania Personal data of foreigners, biometric data, foreigners who obtained a form of protection in Romania.

The information is collected in order to meet legal requirements in the field of migration.

Slovakia Personal information of irregular migrants, information on regular migrants

The data are used as a basis for migration policy development

Sweden Information on foreigners who are applying for permits, granted permits and rejected applications

The data are used for statistical reporting and analysis of trends.

Ukraine Information on asylum status applications, on the number of migrants and foreigners, residence permits.

Statistics are shared with state authorities, research institutions, international organizations

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Annex IV. Information databases and access to the data

Country Database/systems used for data storage

Who has access to information/data bases

Armenia Yes Relevant state authorities, academia, private individuals

Azerbaijan Unified Migration Information System State entities involved in migration management

Czech Republic

Alien information system, Supranational information systems (SIS, VIS)

Ministry of Interior

Denmark Migration data information system Danish Immigration Service (DIS), Ministry of Justice, Danish Immigration Service, Ministry of Employment, Danish Agency for Labour Market and Recruitment, Department of Civil Affairs, State Administration, Danish National Police.

Estonia Visa Register, Register of Residence and Work Permits and the Register of granting international protection

Police and Border Guard Board, Security Police, Ministry of Foreign Affairs and the IT and Development Centre of the Ministry of the Interior

Finland Aliens register Finnish Immigration Service, Ministry of Foreign Affairs, Police, Border guard, Customs, Centers for economic, transportation and environment, Employment- and economy Offices, the Criminal Sanction Agency and the Non-discrimination Ombudsman

Georgia Data bases of Public Service Development Agency, Ministry of Internal Affairs, Ministry of Foreign Affairs, Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees, Ministry of Finance.

n/a

Hungary Central Immigration Register and Refugee Affairs Information System, Central Population Register, National Health Insurance Found Administration database

n/a

Latvia Comprehensive Migration Information System (CMIS), National Visa Information System,

General statistics are available to the public. Information on individual cases is accessible for state authorities, including law enforcement authorities.

Lithuania Foreigners’ Register State Border Guard Service Information System (VSATIS)

State Border Guard Service and other authorities State Border Guard Service and other competent authorities under inter-agency agreements

Luxembourg National register of individuals, “AEIMM” database for immigration and “MJDA” database for asylum

Immigration Directorate of the MFA, partly Luxembourg Reception and Integration Agency of the Ministry of Family, Grand Ducal Police or intelligence services.

Moldova Information system “Migration and Asylum”

Bureau for Migration and Asylum of the MoI, Ministry of Labour, Social Protection and

29

Family, Ministry of Information Technologies and Communications, Ministry of Education, National Statistical Bureau, Border Police, Ministry of Foreign Affairs and European Integration.

Netherlands Common Immigration Network The implementing agencies do not have automatic access to each other’s data.

Poland Information Exchange Platform and Management Supporting System

Polish Border Guard has access to the data bases. Public administration bodies, courts of law and public prosecutors, Military Intelligence and Counterintelligence Services, Internal Security Agency and Foreign Intelligence Agency, Customs Service, fiscal intelligence authorities and authorities of financial information, state and local government organisational units, etc has access to the information.

Portugal SEFSTAT database of the Immigration and Borders Service

Immigration and Borders Service

Romania Management Information System of Foreigners

Institutions working in the field of public order and safety, national security

Slovakia Information System Registration of Aliens “ECU”, Information System on Migration and International Protection “MIGRA”

Border and Alien Police of the Presidium of the Police Force and Migration Office of the Ministry of Interior

Sweden Central Database on Foreigners Swedish Migration Board. Police authorities and the Swedish foreign service missions have access to certain parts of the CDF.

Ukraine Registers n/a

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Annex V. International cooperation

Country International organizations/initiatives or countries

Type of cooperation

Armenia Eurostat, UNHCR, IOM, OSCE, certain countries

Data exchange

Azerbaijan Prague Process and Budapest Processes

- Work on Migration Review containing information on migration trends, flows and data;

- Exchange of statistical information on legal and irregular migration on a regular basis.

Czech Republic Eurostat, EASO, UNHCR Data exchange

Denmark Eurostat, EASO, Statistical Working Group under the Nordic Aliens Committee, IGC, UNHCR

Participation in working groups

Estonia Eurostat, EASO, OECD, UNHCR n/a

Finland EASO, OECD, Eurostat, IGC Dissemination of migration data

Georgia Prague Process Sharing of information and experiences from data collection

Hungary EASO and Eurostat SEEMIG project (2012-2014)

- Statistics sent on a monthly basis - The Hungarian Central Statistical Office

leads the project, which empowers public administrations to develop and implement policies and strategies by using enhanced datasets and empirical evidence

Latvia EASO, Eurostat, Baltic countries’ and Nordic countries’ meetings on statistics, FRONTEX, ICMPD, EUROPOL Spain, Finland, Denmark, Netherlands, Norway, Sweden and Germany

Data exchange, participation in working groups Exchange of mirror statistics

Lithuania FRONTEX Collection and dissemination of migration data

Luxembourg Eurostat, EASO Data exchange

Moldova Cooperation with certain third countries

n/a

Netherlands EU bodies, IGC Sharing migration data

Poland European Migration Network, OECD, IOM, EUROSTAT, EASO, FRONTEX, Baltic Sea Working Group on migration statistics, GDISC Working Group on prognosis, UNHCR.

Cooperation on migration statistics

Portugal Eurostat, EMN, United Nations Economic Commission for Europe, Community of Portuguese Language Countries

Cooperation on migration statistics

Romania Eurostat, EASO, FRONTEX Statistical data and information exchange

Slovakia Eurostat, OECD, OSN, IOM, third countries

Provision of statistical information

Sweden Eurostat, EASO, UNHCR, IGC, EMN, Nordic cooperation

Exchange of statistics

Ukraine IOM, National Institute for Strategic Studies

Provision of data

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Annex VI. Spheres of improvement identified by the participating states

Country Spheres of improvement identified by participating countries

Armenia - Development of the indicator systems; - Development/purchasing necessary software. What is needed? - Means and experts.

Azerbaijan - Increasing the competence of the staff; - Harmonizing current legislation with EU standards; - Development of electronic services.

Czech Republic - Possibility to have a “migrant/foreigner flag” in the databases system; - Possibility to interlink data from different databases in order to conduct more

comprehensive data analysis.

Denmark - Expansion and strengthening of the business intelligence solution; - Improvement of data quality (input wise).

Estonia - IT-system improvements for better data analysis data.

Finland - Development of ways to share best practices; - Improving the ways data are used in practical case management and decision

making processes; - Increasing funding and competition for practically oriented projects trying to

implement business intelligence, analytics and cognitive computing/deep learning; - Improvements to the reporting features of the register.

Georgia - Development of the unified migration analytical system; - Unification of data originated from different databases; - Contribute to improving the overall data quality.

Hungary - Improvement of the quality of data collection; - Ensuring that various institutions provide the fullest possible range of data of the

highest possible quality, recorded in the appropriate form, increasing the consistency of data and providing access to databases;

- Connection/linkage of various institutions’ migration databases. What is needed? - More resources at the national level based on existing international agreements,

the efficiency of the cooperation between various international organizations should be improved (for example in order to avoid duplication).

Latvia - Development of a more comprehensive approach in order to deal with the complexity and diversity of the data;

- Improvement of the data analysis methodology.

Lithuania - No major needs for improvements

Luxembourg - Improvement of the database; - Harmonization of the data requirements at the European level;

Moldova - Better coordination on national level; - Development of new technologies for real-time data exchange.

Netherlands - Increasing the compatibility of data from various agencies; - Improving the quality of the data.

Poland - Improving data collection related to the needs of labour market, effectiveness of integration programmes;

- Carrying out regular analyses of individual aspects of migration by state bodies; - Integrating registers which gather data on proceedings in foreigners’ cases; - Need of creation of one central system gathering and processing data collected by

governmental institutions; - Improvement of data quality.

Portugal - Upgrade of statistical database; - Improvements of quality and reliability of the statistical migration data collection.

32

Romania n/a

Slovakia - Increasing the capacity of staff engaged in data processing; - Increasing the financial resources required to ensure the adaptation and flexibility

of information systems ; - Provision of a clearly-defined option to use existing Funds (Internal Security Fund,

Asylum, migration and Integration Fund); - Harmonization of the statistical breakdown with European or national legislation. What is needed? - Financial means and expertise

Sweden - Further improving the procedures for exchange of information and statistics between different authorities.

Ukraine - Systemization of the data collection; - Legislation development; - Creation of an analytical unit within the State Migration Service.

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Annex VII. Analysis of migration data

Country Are trends analyzed/Is analysis performed? Analytical product produced

Armenia Country of origin information is analyzed, as well as the demographic situation within the country.

Action plan on improvement of the demographic situation within the country.

Azerbaijan State Migration Service investigates and analyses migration processes in Azerbaijan and in the broad region.

Analytical materials on migration trends.

Czech Republic Department for Asylum and Migration Policy analyzes migration trends and effects

Contributes to the annual publication “”Foreigners in the Czech Republic”

Denmark Danish Immigration Service carries out the analysis.

Data available through the national statistical service

Estonia Yes n/a

Finland The Ministry of Interior analyses trends and their effects on the asylum and migration system in order to assess the legislative needs.

n/a

Georgia Relevant state agencies are working on updating the Migration Profile, which will have more analytical components.

Migration Profile

Hungary The Hungarian Central Statistical Office puts a great effort into analyzing migration trends and its demographic effects.

Census data available online.

Latvia The Ministry of Economics develops and regularly updates medium- and long term labour market forecasts (including long term migration flow analysis and demographic forecasting). State authorities responsible for migration management gather and analyze relevant statistics on migration flows.

Informative Report on Medium and Long-term Labour Market Forecasts

Lithuania SBGS within its remit analyses irregular immigration trends and the effects of those on border management.

n/a

Luxembourg Data on demographics are analyzed by the National Institute of Statistics and Economic Studies

n/a

Moldova Yes, in terms of annual Migration Profile preparation

Migration Profile

Netherlands The Ministry of Security and Justice collects information in order to analyze trends. Statistics Netherlands produces demographic projections, partly based on data from the Immigration and Naturalization Service. Various research bureaus and universities carry out research on migration developments.

The Netherlands Migration Monitor

Poland Border Guard Headquarters prepares analyses on illegal migration trends and risks related to this phenomenon. Economic migration trends are analyzed also in the demographic context by the Ministry of Labour and Social Policy and also by the Government Population Council.

Council publishes thematic annual reports

Portugal Analysis performed by means of annual reports, risk analysis, etc.

Annual report

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Romania Yes, by the General Inspectorate for Immigration Risk analyzes statistical reports on migration

Slovakia The Bureau of Border and Alien Police of the Presidium of the Police Force analyses migration trends

- Periodic risk analysis (2-month, half-yearly, annual or ad-hoc specific analysis);

- Various statistical reports, graphs and, on request, the analytical assessment of the status and development of legal migration of aliens.

- Annual publication “Foreign migration and aliens in the Slovak Republic”

Sweden Swedish Migration Board analyzes trends and produces forecasts

- Prognosis for the coming 24 months;

- Weekly reports to the management of the Swedish Migration Board on the current situation.

Ukraine Analysis of trends is performed under the Migration Profile

Migration Profile

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Annex VIII. Migration intelligence units and prognosis

Country Is there a specific intelligence unit?

Are prognoses being produced? Are there early warning mechanisms?

Armenia No No No

Azerbaijan Department for Analysis and Statistics within the State Migration Service

No No

Czech Republic Department for Asylum and Migration Policy of the MoI

No No

Denmark Danish Immigration Service Yes, on the asylum influx, flow of migrants through the different steps of the migration case system, family reunification applications, number of persons subject to integration in Denmark.

No

Estonia Yes Prognoses are calculated for short-term employment, temporary residence permits and extension of the number of resident permits, as well as the number of applications for international protection.

n/a

Finland No n/a Yes

Georgia No No No

Hungary Unit for Coordination and Analysis to be established

No No

Latvia Analytical Unit of the National Coordination Center of the Operational Management Board of the State Border Guard

Yes Yes

Lithuania There is an Information Analysis Unit and a Migration Unit within the structure of the SBGS. The essential part of the early warning mechanism is based on operations and tactical exchange of specific information.

The units perform the analysis, some conclusions of which include approximate estimations on future possible trends of irregular immigration and cross-border criminality (rather expressed in qualitative than in quantitative fashion).

Yes, the essential part of it is based on operations and tactical exchange of specific information.

Luxembourg n/a n/a n/a

Moldova There is analytical unit under Bureau for Migration and Asylum.

No n/a

Netherlands Scientific Research and Documentation Centre

Yes, the Ministry of Security and Justice annually produces a long-range production plan and interim Rolling forecasts.

n/a

Romania n/a n/a Yes

Poland The Migration Analysis and Statistics Team within the Office for Foreigners, and

The Migration Analysis and Statistics Team produces prognosis of asylum seekers for

n/a

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Analytical units within the structure of Polish Border Guard.

the next year, while Analytical units identify risks and their developments and prepare adequate prognosis.

Portugal No No No

Slovakia No Yes, Statistical Office of the Slovak Republic produces forecasts.

n/a

Sweden Yes, a designated unit is detecting and analyzing incidents and trends that may influence migration to Sweden

Yes, the forecasts are updated five times per year and presented to the Swedish Government. The long term demographic trends are analyzed to a lesser extent.

Yes, under development

Ukraine Analytical unit of the State Migration Service

n/a n/a

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Annex IX. National legislation on data protection

Country Legislation in place

Armenia The Law on Personal Data

Azerbaijan The Law on Personal Data

Czech Republic Act No. 101/2000 Coll. on the protection of personal data

Denmark National Act on the Processing of Personal Data (Act no 429 from 2000 ‘Persondataloven’)

Estonia Public Information Act, Personal Data Act

Finland Act on the Aliens Register, Act on personal data protection

Georgia Law of Georgia on Personal Data Protection

Hungary Act II on the Entry and Stay of third country nationals, Act I on the Entry and Residence with the Right of Free Movement and Residence, Act LXXX on Asylum

Latvia Personal Data Protection Law

Lithuania n/a

Luxembourg Law on Data Protection

Moldova Personal data protection legislation

Netherlands Data Protection Act

Poland Act of on the Protection of Personal Data, Regulation of the Minister of Interior and Administration on personal data processing documentation and technical and organizational conditions which should be fulfilled by devices and computer systems used for the processing of personal data

Portugal Immigration Act (authorized by the National Commission on Data Protection)

Romania Law no. 677/2001

Slovakia Act No 540/2001 on State statistics, Regulation No 164/2013 on protection of personal data, Regulation No 18/2010 on the use of the information system migration and international protection, Regulation No 2/2008 on the use of the information system Registration of aliens with residence

Sweden n/a

Ukraine Law on Personal Data Protection, Law on Information

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Annex X. Restrictions on data collection and dissemination

Country Cannot be gathered Restrictions concerning data dissemination

Armenia n/a Asylum seekers’ personal data are confidential

Azerbaijan n/a Information from the applications of foreigners and stateless persons is confidential.

Czech Republic n/a Statistics can be published or provided when they are disaggregated to the point where identifying individual persons is not possible.

Denmark No data collection on ethnicity, race, political views or religion.

Estonia n/a Processing of personal data is permitted only with the consent of the data subject, unless otherwise provided by law.

Finland There are explicit provisions regulating what sensitive personal information can be entered into the register in the Act on the Aliens Register.

Information and documents received in order to carry out the duties provided in the Act on the Aliens Register cannot be disclosed if they are to be kept confidential according to the law

Georgia n/a n/a

Hungary n/a n/a

Latvia It is prohibited to collect information on race or skin color; religious beliefs; political conviction, affiliation with some political party or movement, as well as information regarding political opinions; sexual inclination (orientation, preference) or medical diseases.

All gathered information is limited and is available to the public only in particular cases and when this is in line with provisions outlined in the Freedom of Information Law.

Lithuania n/a n/a

Luxembourg n/a n/a

Moldova n/a n/a

Netherlands Certain personal data (e.g., ethnicity, religion, sexual preference, etc.) may not be processed except in cases where the law allows for it.

Personal data should be collected on the basis of specified, explicitly defined and legitimate purposes. Further dissemination of these personal data is not allowed if it is incompatible with the purposes for which the data were obtained.

Poland n/a n/a

Portugal n/a n/a

Romania Data concerning racial or ethnic origin, political, religious, philosophical opinions, etc. are processed in accordance with special procedures.

n/a

Slovakia n/a n/a

Sweden Information concerning nationality, sex and age is still available.

All information stored in the data bases is anonymous.

Ukraine Personal data is not processed in reports.

Public reports on asylum seekers, refugees and persons in need of additional protection only include non-personalized data, disaggregated by age and gender. Information on irregular migration is not processed.