𝐑𝐢𝐠𝐡𝐭𝐬 𝐨𝐟 𝐈𝐧𝐝𝐢𝐯𝐢𝐝𝐮𝐚𝐥𝐬 𝐑𝐞𝐠𝐚𝐫𝐝𝐢𝐧𝐠 𝐔𝐧𝐥𝐚𝐰𝐟𝐮𝐥𝐥𝐲 𝐒𝐭𝐨𝐫𝐞𝐝 𝐃𝐚𝐭𝐚 𝐢𝐧 𝐭𝐡𝐞 𝐒𝐜𝐡𝐞𝐧𝐠𝐞𝐧 𝐈𝐧𝐟𝐨𝐫𝐦𝐚𝐭𝐢𝐨𝐧 𝐒𝐲𝐬𝐭𝐞𝐦 (𝐒𝐈𝐒)
The Schengen Information System (SIS) is a vital security database Schengen Area countries use to exchange alerts on individuals and objects for law enforcement, border control, and immigration purposes. However, individuals have specific rights when their data is stored unlawfully or incorrectly within SIS.
𝐋𝐞𝐠𝐚𝐥 𝐅𝐫𝐚𝐦𝐞𝐰𝐨𝐫𝐤 𝐏𝐫𝐨𝐭𝐞𝐜𝐭𝐢𝐧𝐠 𝐈𝐧𝐝𝐢𝐯𝐢𝐝𝐮𝐚𝐥 𝐑𝐢𝐠𝐡𝐭𝐬
Protecting personal data in the SIS is governed by Regulation (EU) 2018/1861 for border and immigration matters and Regulation (EU) 2018/1862 for law enforcement purposes. These regulations establish individuals' rights concerning their personal data stored in SIS.
𝐑𝐢𝐠𝐡𝐭𝐬 𝐨𝐟 𝐈𝐧𝐝𝐢𝐯𝐢𝐝𝐮𝐚𝐥𝐬
𝟏. 𝐑𝐢𝐠𝐡𝐭 𝐭𝐨 𝐀𝐜𝐜𝐞𝐬𝐬 𝐏𝐞𝐫𝐬𝐨𝐧𝐚𝐥 𝐃𝐚𝐭𝐚 (𝐀𝐫𝐭𝐢𝐜𝐥𝐞 𝟓𝟑 𝐨𝐟 𝐑𝐞𝐠𝐮𝐥𝐚𝐭𝐢𝐨𝐧 (𝐄𝐔) 𝟐𝟎𝟏𝟖/𝟏𝟖𝟔𝟏)
Individuals have the right to request information on whether their personal data is stored in SIS and to access a copy of the data, subject to national security exceptions.
𝟐. 𝐑𝐢𝐠𝐡𝐭 𝐭𝐨 𝐑𝐞𝐜𝐭𝐢𝐟𝐢𝐜𝐚𝐭𝐢𝐨𝐧 𝐨𝐟 𝐈𝐧𝐚𝐜𝐜𝐮𝐫𝐚𝐭𝐞 𝐃𝐚𝐭𝐚 (𝐀𝐫𝐭𝐢𝐜𝐥𝐞 𝟓𝟒)
Individuals can request correction if the data stored in SIS is inaccurate or incomplete.
𝟑. 𝐑𝐢𝐠𝐡𝐭 𝐭𝐨 𝐃𝐞𝐥𝐞𝐭𝐢𝐨𝐧 𝐨𝐟 𝐔𝐧𝐥𝐚𝐰𝐟𝐮𝐥𝐥𝐲 𝐒𝐭𝐨𝐫𝐞𝐝 𝐃𝐚𝐭𝐚 (𝐀𝐫𝐭𝐢𝐜𝐥𝐞 𝟓𝟒)
Individuals can request the deletion of data stored unlawfully. Authorities must assess and remove the data if the request is justified.
𝟒. 𝐑𝐢𝐠𝐡𝐭 𝐭𝐨 𝐉𝐮𝐝𝐢𝐜𝐢𝐚𝐥 𝐚𝐧𝐝 𝐀𝐝𝐦𝐢𝐧𝐢𝐬𝐭𝐫𝐚𝐭𝐢𝐯𝐞 𝐑𝐞𝐦𝐞𝐝𝐢𝐞𝐬 (𝐀𝐫𝐭𝐢𝐜𝐥𝐞 𝟓𝟓)
Individuals who believe their rights have been violated can challenge data processing through national data protection authorities (DPAs) or courts.
𝟓. 𝐑𝐢𝐠𝐡𝐭 𝐭𝐨 𝐂𝐨𝐦𝐩𝐞𝐧𝐬𝐚𝐭𝐢𝐨𝐧 (𝐀𝐫𝐭𝐢𝐜𝐥𝐞 𝟓𝟔)
If unlawful data storage has caused damage, individuals may seek compensation under national laws in the responsible country.
𝐂𝐡𝐚𝐥𝐥𝐞𝐧𝐠𝐢𝐧𝐠 𝐚𝐧 𝐒𝐈𝐒 𝐀𝐥𝐞𝐫𝐭
An SIS alert alone cannot be the sole reason for rejecting a residence permit or entry into a Schengen country. Authorities must assess individually before deciding (ECJ Case C-503/19). If an individual believes their data has been misused, they can:
Submit a request for rectification or deletion to the competent authority in the country issuing the alert.
𝐅𝐢𝐥𝐞 𝐚 𝐜𝐨𝐦𝐩𝐥𝐚𝐢𝐧𝐭 𝐰𝐢𝐭𝐡 𝐭𝐡𝐞 𝐧𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐃𝐚𝐭𝐚 𝐏𝐫𝐨𝐭𝐞𝐜𝐭𝐢𝐨𝐧 𝐀𝐮𝐭𝐡𝐨𝐫𝐢𝐭𝐲 (𝐃𝐏𝐀).
𝐅𝐢𝐥𝐞 𝐚 𝐜𝐨𝐦𝐩𝐥𝐚𝐢𝐧𝐭 𝐰𝐢𝐭𝐡 𝐭𝐡𝐞 𝐧𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐃𝐚𝐭𝐚 𝐏𝐫𝐨𝐭𝐞𝐜𝐭𝐢𝐨𝐧 𝐀𝐮𝐭𝐡𝐨𝐫𝐢𝐭𝐲 (𝐃𝐏𝐀).
𝐈𝐧𝐝𝐢𝐯𝐢𝐝𝐮𝐚𝐥𝐬 𝐰𝐡𝐨𝐬𝐞 𝐝𝐚𝐭𝐚 𝐢𝐬 𝐮𝐧𝐥𝐚𝐰𝐟𝐮𝐥𝐥𝐲 𝐬𝐭𝐨𝐫𝐞𝐝 𝐢𝐧 𝐒𝐈𝐒 𝐡𝐚𝐯𝐞 𝐜𝐥𝐞𝐚𝐫 𝐥𝐞𝐠𝐚𝐥 𝐫𝐢𝐠𝐡𝐭𝐬 𝐮𝐧𝐝𝐞𝐫 𝐄𝐔 𝐥𝐚𝐰. They can request access, rectification, deletion, and legal remedies to protect their privacy and prevent the wrongful use of their personal data. Any decision based solely on an SIS alert without proper assessment can be legally challenged under European and national law.

 

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