1. For each convicted third-country national, the central authority of the convicting Member State shall create a data record in the central system. The data record shall include:
(a)
as concerns alphanumeric data:
(i)
information to be included unless, in individual cases, such information is not known to the central authority (obligatory information):
—
surname (family name),
—
first names (given names),
—
date of birth,
—
place of birth (town and country),
—
nationality or nationalities,
—
gender,
—
previous names, if applicable,
—
the code of the convicting Member State,
(ii)
information to be included if it has been entered in the criminal record (optional information):
—
parents' names,
(iii)
information to be included if it is available to the central authority (additional information):
—
identity number, or the type and number of the person's identification documents, as well as the name of the issuing authority,
—
pseudonyms or aliases;
(b)
as concerns fingerprint data:
(i)
fingerprint data that have been collected in accordance with national law during criminal proceedings;
(ii)
as a minimum, fingerprint data collected on the basis of either of the following criteria:
—
where the third-country national has received a custodial sentence of at least 6 months;
or
—
where the third-country national has been convicted of a criminal offence which is punishable under the law of the Member State by a custodial sentence of a maximum period of at least 12 months.
2. The fingerprint data referred to in point (b) of paragraph 1 of this Article shall have the technical specifications for the quality, resolution and processing of fingerprint data provided for in the implementing act referred to in point (b) of Article 10(1). The reference number of the fingerprint data of the convicted person shall include the code of the convicting Member State.
3. The data record may also contain facial images of the convicted third-country national, if the law of the convicting Member State allows for the collection and storage of facial images of convicted persons.
4. The convicting Member State shall create the data record automatically, where possible, and without undue delay after the conviction has been entered into the criminal records.
5. The convicting Member States shall also create data records for convictions handed down prior to the date of start of entry of data in accordance with Article 35(1) to the extent that data related to convicted persons are stored in their national databases. In those cases, fingerprint data shall be included only where they have been collected during criminal proceedings in accordance with national law, and where they can be clearly matched with other identity information in criminal records.
6. In order to comply with the obligations set out in points (b)(i) and (ii) of paragraph 1, and in paragraph 5, Member States may use fingerprint data collected for purposes other than criminal proceedings, where such use is permitted under national law.