THE DATA SUBJECTS´ RIGHTS IN THE SCHENGEN INFORMATION SYSTEM

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Schengen Information System (SIS)

European union legislation

After the Slovak Republic joined to Schengen information system (hereinafter: “SIS II”) data subject rights are regulated by legal acts of European union, which are consisting of

The data subject is every natural person whose personal data is processed and - in terms of the Article 41 of the Regulation (EC) No 1987/2006 and Article 58 of the Council Decision 2007/533/JHA - he/she has the right of access which personal data about him/her is processed from the Ministry of Interior of the Slovak Republic (hereinafter: “MISR”) in writing. The MISR as the administrator of the SIS II is obliged to provide the data subject with the information about the measures taken on his/her request within a month after receipt of his/her request.  

In the view of article 41 of regulation every data subject has these rights: 

  • Right to access to data,
  • Right to information,
  • Right to correction of inaccurate data,
  • right of deletion of unlawfully stored data,
  • Right to lodge a complaint,
  • Right to bring an action – remedies.  

The right of access to data means the right to information on whether the data subject (individual) is processed in SIS II and if this personal data was processed, concretely which one was processed, under article 41 (6) regulation the individual concerned shall be informed to the data subject as soon as possible and in any case not later than 60 days from the date on which he applies for access or sooner if national law so provides.

The right for information; data subject, who may use this right to obtain information whether and which personal data are kept and were entered into the SIS II, for what reason these data were created and which authority of member state they were entered data into the SIS II.

The right for correction and the right of deletion represent the rights of every data subject, which allowed to have factually inaccurate data relating to him or unlawfully stored data relating to him repaired or deleted in the SIS II.

The right to file a complaint referred to as a request for verification of processing shall apply to the national supervisory authority if the data subject (individual) considers that his or her data is being processed unlawfully in the relevant national component of the SIS II.

Every person has the right to bring an action before the court or the authority competent under the national law of any Member State. In particular, this action may concern to access, correct, delete or to obtain information in the SIS II or to obtain compensation with an alert relating to him.

National legislation

The rights to data subject (individual) in the Slovak Republic is also governed by the Slovak national law, which is regulated by:

- The Constitution of the Slovak Republic in article 19 (3), which defines the right of every person to be protected against unjustified collection, disclosure and other misuse of his or her personal data.

- Act No. 18/2018 Coll. on Protection of Personal Data and Amending of other Acts,

- Act No. 171/1993 Coll. on the Police force as amended.

Request for provision of information on personal data processed in the Schengen Information System, request for rectification of incorrect or outdated personal data processed in the Schengen Information System, request for destruction of illegally processed personal data in the Schengen Information System should be delivered:

  • Personally,
  • in writing form to address:

Ministerstvo vnútra Slovenskej republiky

Prezídium Policajného zboru

úrad medzinárodnej policajnej spolupráce

národná ústredňa SIRENE

Pribinova 2

812 72 Bratislava

Slovenská republika

  • electronically signed by a guaranteed electronic signature,
  • or by email to sirene@minv.sk

Contact address by national authority which main responsibilities is aimed to personal data protect:

Úrad na ochranu osobných údajov SR

Hraničná 12

820 07 Bratislava

Slovenská republika

Competent authority - The Office for personal data protection of the Slovak Republic - for SIS II

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 II in case where there is suspicion of an unlawful procedure or where has not provided a satisfactory response.

Because the execution of the rights may differ from state to state is created the Guide which is added here.

Forms for download:

  1. Request for provision of information on personal data processed in the Schengen Information System,
  2. Request for rectification of incorrect or outdated personal data processed in the Schengen Information System,
  3. Request for destruction of illegally processed personal data in the Schengen Information System,
  4. Notification of violation of the provisions covering personal data processing in the Schengen Information System.

Related link: https://www.mzv.sk/web/en/ministry/privacy_protection_policy.

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2019 Office for Personal Data Protection of the Slovak Republic