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Linking the SIS

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Linking the SIS Powered By Docstoc
					The Schengen Information
        System
         Luc Vandamme
     EU Council Secretariat
   DG H Justice and home affairs
          SIS division
    Introduction to the SIS 1+ and
              the SIS II
•   Why the SIS
•   Who participates
•   The Schengen convention
•   Data categories and data content
            Why the SIS ?
• Schengen agreement of 1985
• Gradual abolition of checks at
  common borders.
• A compensatory measure foreseen
  after the opening of the borders
      Who participates?
• SISI+:13 Member states + Iceland
  and Norway
• SISI4ALL: 22 Member states
  +Iceland, Norway and Switserland
• SISII: All Member states (UK and IRL
  partialy) + Iceland,Norway and
  Switzerland
 Main categories of data in
          the SIS

• Persons
• Objects
  Object categories in the
           SIS1+
• For seizure or for use as evidence
  (art. 100)
  – Motor vehicles
  – Trailers and caravans
  – Firearms
  – Blank official documents
  – Issued documents (residence permits, travel
    documents, vehicle registration certificates and
    number plates)
  – Banknotes
• For discreet surveillance or specific
  checks (art. 99)
  – Vehicles
    Categories of persons
• Wanted for arrest and extradition
(art. 95)
• Unwanted aliens (art. 96)
• Minors and vulnerable adults (art.
  97)
• Communication of information on
  place of residence (art. 98)
• For discreet surveillance or specific
  checks (art. 99)
    Information about persons
               (mostly entered as codes)

• surname and forenames, any aliases possibly entered
  separately;
• any specific objective and physical characteristics not
  subject to change;
• first letter of second forename;
• date and place of birth;
• sex;
• nationality;
• whether the persons concerned are armed;
• whether the persons concerned are violent;
• reason for the alert;
• action to be taken.
       Practical operation
• Alerts

• SIRENE office: exchange of
  supplementary information

• Reasons for request


• Hits – action to be taken
     SIS1+ and SIS II : differences

     SIS1+
•   Intergovernmental cooperation, paid by
    the MS
•   Composed of national copies (N.SIS) and
    a central function (C.SIS) that is
    established to keep the N.SIS identical
•   Queries are done at the N.SIS (national
    side)
•   All queries on personal data are logged
    (national side)
          SIS1+ and SIS II :
             differences
     SIS II
•   No longer intergovernmental, but
    community budget managed by the
    Commission
•   Member States may work with national
    copies, but can also query the central
    system directly
•   Logging for local query : locally
•   Logging for central query : centrally
               SIS1+ and SIS II :
                  differences
  SIS II
• More categories of objects
• Boats and aircrafts, trailers, caravans,outboard engines,
  containers
• Linking between alerts
•   Art 52 (ex. Stolen car / wanted person)

• Biometrics (first only for verification)
• Access to more authorities
•   Europol, eurojust, car registration, …
 Data protection measures
• General data security
• Installation of log(s)
• Deletion procedure at expiration of
  validity
• Separation of information flows by
  –   Separate information channels
  –   Profiles depending on user functions
  –   Architectural measures
  –   Software filters
Data protection in the SIS1+(1)
• Title IV, Chapter 3 and title VI of the
  Schengen convention
• JSA for the central part and for
  opinions
• National DP authorities for national
  systems
• The rights of the data subjects
  described in the Schengen
  convention
• Evaluation missions
Data protection in the SIS1+(2)

• right of access : art. 109
• right of correction or deletion : art.
  110
• enforcement of rights : art. 111
• national DP authority and the data
  subject : art. 114
• liability and compensation : art. 116
Data protection in the SIS1+(3)
• Art. 109 (1) : The right of persons to have
  access to data entered in the SIS which
  relate to them shall be exercised in
  accordance with the law of the
  Contracting Party before which they
  invoke that right. If national law so
  provides, the national supervisory
  authority provided for in Article 114(1)
  shall decide whether information shall be
  communicated and by what
  procedures.[…]
Data protection in the SIS1+(4)

• Art. 111(1) : Any person may, in the
  territory of each Contracting Party,
  bring before the courts or the
  authority competent under national
  law an action to correct, delete or
  obtain information or to obtain
  compensation in connection with an
  alert involving them.
Data protection in the SIS II
• Largely copied from the existing
  convention
• Managed by the Commission =
  competence of the EDPS for the central
  part
• EDPS is competent for Ist pillar; SIS is a
  mixed pillar DB
• National DP authorities remain competent
  for national side and use made by end
  users
• Data remain nationally owned
           Conclusions
• SIS : In practice and in evolution

• Thank you for your attention

• Any questions ?

				
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