Guide for exercising the right of access to the SIS II

 

Depending on the type of alert, the SIS II is regulated either by Regulation (EC) 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second-generation Schengen Information System with respect to alert procedures falling under Title IV of the Treaty establishing the European Community (former first pillar)3 or by Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System in what concerns procedures falling under Title VI of the Treaty on European Union (former third pillar).

When the alert concerns a person, the information must always include the name, surname and any aliases, the sex, a reference to the decision giving rise to the alert and the action to be taken. If available, the alert may also contain information such as any specific, objective, physical characteristics not subject to change; the place and date of birth; photographs; fingerprints; nationality(ies); whether the person concerned is armed, violent or has escaped; reason for the alert; the authority issuing the alert; links to other alerts issued in SIS II in accordance with Article 37 of SIS II Regulation or Article 52 of SIS II Decision.

The SIS II is composed of:

• a central system („Central SIS II”);

• a national system (the „N.SIS II”) in each Member State (the national data systems that will communicate with the Central SIS II);

• a communication infrastructure between the central system and the national systems providing an encrypted virtual network dedicated to SIS II data and the exchange of data between the authorities responsible for the exchange of all supplementary information (SIRENE Bureaux)

 

The right of access is exercised in accordance with the law of the Member State where the request is submitted. The procedures differ from one country to another, as well as the rules for communicating data to the applicant. When a Member State receives a request for access to an alert not issued by itself, that State must give the issuing country the opportunity to state its position as to the possibility of disclosing the data to the applicant.

The information shall not be communicated to the data subject if this is indispensable for the performance of the legal task connected to the alert, or in order to protect the rights and freedoms of other people.

Also there are currently two types of system governing the right of access to data processed by law enforcement authorities, and thus also applicable to SIS data. In some Member States the right of access is direct, in others it is indirect.

In this case the person concerned applies directly to the authorities processing the data (police, gendarmerie, customs, etc.). If national law permits, the applicant may be sent the information relating to him..

Besides the right of access, there are also the right to obtain the correction of personal data factually inaccurate or incomplete or the right to ask for deletion of personal data unlawfully stored (Article 41(5) of SIS II Regulation and 58(5) of SIS II Decision).

Under the Schengen legal framework only the Member State responsible for issuing an alert in the SIS may alter or delete it (See Article 34(2) of SIS II Regulation and 49(2) of SIS II Decision).

If the request is submitted in a Member State that did not issue the alert, the competent authorities of the Members States concerned cooperate to handle the case, by exchanging information and making the necessary verifications.

Articles 43 of SIS II Regulation and 59 of SIS II Decision present the remedies accessible to individuals when their request has not been satisfied. Any person may bring an action before the courts or the authority competent under the law of any Member State to access, correct, delete or obtain information or to obtain compensation in connection with an alert relating to him.