The Data Subjects´ Rights in the Schengen Information System
What are data subjects rights in the Schengen Information system?
Any individual, whose personal data is processed in Schengen Information System (hereinafter “SIS”) is guaranteed the right to access to his/her own data, the right to rectification of inaccurate data and the right to erasure of unlawfully stored data.
Right of access
What is it?
The right of access means the right of the individual to obtain confirmation as to whether or not personal data related to him or her is being processed.
Which information shall I receive?
Individual have the right to obtain confirmation as to whether or not personal data concerning them are being processed in the SIS and, where that is the case, access to the personal data and the following information:
- the purpose of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been disclosed, in particular in third countries or international organisations;
- the envisaged period for which the personal data will be stored;
- the existence of the right to request rectification of inaccurate data or erasure of unlawfully stored data;
- the right to lodge a complaint;
- communication of the source of the information when data is collected from a third party.
Right to rectification and erasure of data
What is it?
There is also the right to obtain the rectification of personal data factually inaccurate or incomplete or the right to ask for erasure of personal data unlawfully stored. Under the Schengen legal framework only the Member State responsible for issuing an alert in the SIS may alter or delete it. The applicant should provide the grounds for the request to rectify or erase the data and gather any relevant information supporting it.
How to exercise these rights?
The data subject should exercise his or her rights with the National Bureau of Sirene under the Ministry of Interior of the Slovak Republic, the Office of International Police Cooperation of the Presidium of the Police Forces (“Sirene”)
- in person, in writing or electronically signed with a guaranteed electronic signature to
Ministerstvo vnútra Slovenskej republiky
Prezídium Policajného zboru
úrad medzinárodnej policajnej spolupráce
národná ústredňa Sirene
Pribinova 2
812 72 Bratislava
Slovenská republika - by standard application form available on the controller's website https://www.minv.sk/?Data-Subjects-Rights
- via unsecured e-mail communication using sirene@minv.sk
If you attach files to your message (such as copy of your ID, passport...), we kindly ask you sending it always password protected. Password should be sent in a different email. Doing so helps to protect your privacy.
You can use templates:
Model letter for requesting access
Model letter for requesting erasure
Model letter for requesting rectification
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The data subject shall be informed as soon as possible, and, in any event, within one month of receipt of the request, about the follow-up given to the exercise of the right. This period may be extended by two further months where necessary and in such case, the data subject shall be informed of any such extension within one month of receipt of the request, together with the reasons for the delay.
What to do when I am not satisfied?
Right to complain to the data protection authority or to initiate a judicial proceeding
What is it?
Any person may bring an action before the courts or the authority competent under the law of any Member State to access, rectify, erase, obtain information or to obtain compensation in connection with an alert relating to him or her.
How can I lodge a complaint?
The Office for Personal Data Protection of Slovak republic (hereinafter: “Office”) is competent to review personal data processing within the national part of the SIS in case of suspicion of an unlawful procedure or in case of an unsatisfactory response.
As a data subject, you have the right to lodge a complaint to the Office for personal data protection of the Slovak Republic to initiate the personal data protection proceeding. Complaint - template and related information on such complaint and procedure can be found here.
What will data protection authority (“the Office”) do with my complaint?
If the Office finds the complaint admissible, it will start the proceeding according to Act no 18/2018 Coll. on personal data protection and other relevant acts. You can find Informal model decision here.
Warning: In case the data subject submits the request for access to data, rectification or erasure of the data to the Office for Personal Data Protection of the Slovak Republic, such request will be forwarded to Sirene.
Related link: