The Schengen Information System

1
The Schengen Information System

• Luc Vandamme
• EU Council Secretariat
• DG H Justice and home affairs
• SIS division

2
Introduction to the SIS 1 and the SIS II

• Why the SIS
• Who participates
• The Schengen convention
• Data categories and data content

3
Why the SIS ?

• Schengen agreement of 1985
• Gradual abolition of checks at common borders.
• A compensatory measure foreseen after the opening
  of the borders

4
Who participates?

• SISI13 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

5
Main categories of data in the SIS

• Persons
• Objects

6
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

7
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)

8
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.

9
Practical operation

• Alerts
• SIRENE office exchange of supplementary
  information
• Reasons for request
• Hits action to be taken

10
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)

11
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

12
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,

13
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

14
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

15
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

16
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.

17
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.

18
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
• Check on logging for central query ?

19
Conclusions

• SIS In practice and in evolution
• Thank you for your attention
• Any questions ?