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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.

Key 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 the processing of their data 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).

Appeal to a national court or the European Court of Justice (ECJ).

Conclusion

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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