The Schengen Information System (SIS) stands as the paramount security and border management system in Europe. Given the absence of border control checkpoints among member states within the Schengen Area, the SIS plays a pivotal role in aiding national authorities in maintaining internal security through the exchange of information among countries. To fulfill this purpose, the SIS collects data, encompassing details about individuals or objects, along with accompanying instructions for authorities. Despite the advantages offered by the SIS, issues such as misuse, erroneous data collection, or unauthorized data storage persist as concerns. In accordance with data protection principles, individuals whose data is processed within the SIS are endowed with certain rights.
If you require information on how to exercise these specific rights or seek assistance in doing so, please feel free to reach out to our team of highly qualified lawyers. With our extensive experience and expertise, we are fully equipped to assist you with any matter related to the SIS.
The SIS plays a crucial role in enhancing security within Europe through three distinct avenues.
Firstly, it facilitates border control cooperation by enabling border control authorities to access and review alerts related to third-country nationals, empowering them to deny entry or continued stay within the Schengen Area.
Secondly, in the realm of law enforcement cooperation, national authorities can create alerts for missing persons and individuals or objects of interest in criminal investigations.
Lastly, the SIS streamlines cooperation on vehicle registration, simplifying the verification of a vehicle’s legal status when submitted for registration with vehicle registration services.
The SIS not only allows competent national authorities to enter and access alerts on individuals and objects but also permits them to issue alerts that are accessible to all member countries. Depending on the type of alert issued, this could significantly impact an individual’s life. Consequently, it is vital to understand how such alerts can affect you and to be aware of the legal remedies available to safeguard your specific rights in relation to the SIS.
The SIS is utilized by 30 European countries, comprising all Schengen Area members, including Bulgaria and Romania, who enjoy full access to the system. Additionally, some other countries, such as the UK, have limited access. Official authorities within these member countries currently granted access to the SIS include, among others, the police, national border control, visa and immigration officials, as well as judicial authorities.
There are impending plans for reform and updates to the SIS, which will result in an expansion of the list of authorities with access to SIS alerts in the near future. This expansion will include aircraft and boat authorities, as well as FRONTEX, who will be enabled to access SIS alerts pertaining to their respective areas of responsibility.
The right of access enables any individual with data stored in the SIS to request information regarding the data pertaining to them. This principle is fundamental to data protection, and we are committed to helping you exercise this right to the fullest extent possible.
You can exercise your right of access directly by applying directly to the authorities responsible for processing the data. Alternatively, you can choose to exercise this right indirectly by applying to the national data protection authority. Regardless of the method you select to exercise your right of access, you always have the option to be represented by your legal counsel.
Every individual has the right to rectify factually inaccurate or incomplete personal data and to request the deletion of unlawfully stored personal information. The member state responsible for issuing the alert is the sole authority empowered to modify or erase it. If you seek correction or deletion in a different member state, the competent authorities will collaborate to address your request by exchanging the necessary information.
It is crucial to ensure a successful request by clearly and succinctly presenting the grounds for your petition. Therefore, it is essential to provide all pertinent information in a well-defined manner. Our law firm possesses the requisite expertise to gather the pertinent details needed to support your case. With our extensive experience assisting numerous clients in diverse situations, we can offer the expertise necessary to effectively resolve your unique legal matters.
If your request remains unsatisfied, your legal recourse options are not exhausted. Any individual retains the right to initiate legal proceedings either before the courts or the competent authority within the specific member state to secure access, correction, or deletion of their personal data. When the complaint involves a cross-border aspect, it necessitates collaboration between courts and authorities to ensure the adequate protection of individuals’ rights.
The procedure for exercising your rights may differ among various member states. As an international law firm, we possess the capability to assist you with the proceedings in your chosen country and provide insights into variations compared to other member states. We furnish all the requisite information to help you present your case before the relevant authorities and offer tailored advice to suit your unique situation.
