1. THE SCHENGEN INFORMATION SYSTEM (SIS)
The SIS is a large-scale IT system, set up as a compensatory measure for the abolition of internal border checks, and intends to ensure a high level of security within the area of freedom, security and justice of the European Union, including the maintenance of public security and public policy and the safeguarding of security in the territories of the Member States.
The SISI has been in operation since March the 26th, 1995, on the day when the checks at the internal borders of the States participating in the Schengen cooperation were abolished.
On April the 9th,2013, took place the transition to the entire Schengen area from SIS I to the Schengen Information System Second Generation (SIS II),a new system with more advanced functions and based on state-of-the-art technologies .
On 7 March 2023 took place throughout Schengen areathe operation of the newSIS (Recast) and the migration of data to it from SIS II. More details in regard with the New SIS (Recast) could be retrieved in the website of the European Commission:
2. Legal Basis
In 2018, the SIS legal framework went through a significant revision primarily to enlarge its purposes, to add certain categories of alerts, and to expand the authorities with granted access to SIS data. The new legal framework was adopted on 28 November 2018, and consists of three New Regulations, covering three areas of competence:
- Regulation (EU) 2018/1860of the European Parliament and of the Council of 28 November 2018 (SIS Regulation on the use of SIS for the Return of illegally staying third-country nationals)
- Regulation (EU) 2018/1861of the European Parliament and of the Council of 28 November 2018 (SIS Regulation in the field of Border Checks
- Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 (SIS Regulation in the field of Police and Judicial cooperation)
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the Protection of Natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR – General Data Protection Regulation)
- Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the Protection of Natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data (Law Enforcement Directive)
- Hellenic Law 4624/2019 – Official Gazette: (ΦΕΚ) Α 137/29.08.2019, which is the Hellenic GDPR Law which incorporates into national legislation the GDPR Regulation (EU) 2016/679 and the Law Enforcement Directive (EU) 2016/680
- Hellenic Law 2472/1997 – Official Gazette: (ΦΕΚ) 50/10.4.1997, which is the Old Hellenic GDPR replaced by the NewHellenic Law 4624/2019 regarding GDPR
3. RIGHTS RECOGNISED TO INDIVIDUALS WHOSE DATA IS PROCESSED IN THE SIS
Any individual is guaranteed the right of access to his/her own data, the right to rectification of inaccurate data and the right to erasure of unlawfully stored data in the Schengen Information System.
Data subjects shall be able to exercise the rights in relation to their personal data processed in the SIS, as laid down in Articles 15, 16 and 17 of the GDPR, and in accordance with the New SIS Regulations (EU) 2018/1861 and (EU) 2018/1862. In addition, data subjects are entitled to seek remedies to enforce such rights. Therefore, data subjects have the following rights:
- Right of access to data relating to them processed in the SIS
- Right to rectification of inaccurate data
- Right to erasure when data have been unlawfully stored
- Right to bring an action before the courts or competent supervisory authorities to access, rectify, erase, obtain information or obtain compensation in connection to an alert concerning them.
In accordance with the new legal acts and the new Regulations (EU) governing the SIS (Article53 of Regulation (EU) 2018/1861 and Article 67 of Regulation (EU) 2018/1862), as well as the relevant provisions of the Hellenic Law 2472 / 1997 (art. 12 & 13) and the Hellenic Law 4624/2019 (Hellenic GDPR Law) on the Protection of Personal Data, it is provided the right of subjects to have access to the data concerning them and which are registered in the SIS.
The right is exercised by submitting an Application to the Hellenic S.I.Re.N.E. Bureau of the International Police Cooperation Division of the Hellenic Police Headquarters.
- The application can be submitted by e-mail or by regular post in accordance with the Hellenic Legal Forms and Hellenic Legislation, as well as through the Greek Consular Authorities of the place of residence, always accompanied by a certified copy of an identity card or corresponding identification document, as well as the contact details (postal address, e-mail, etc), in order to receive a response to the request. In the event that said request is submitted by a third person, a legal authorization document or power of attorney is also required.
- According to the Schengen Acquis, and Regulations (EU) 2018/1861 and (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018, on the establishment, operation and use of the Schengen Information System (SIS) in the areas of border controls, police and judicial cooperation in criminal cases, the issuing Member State is responsible for the creation, the update and the deletions of the SIS alerts (C.U.D. procedure)
- Additionally,according to art. 12 paragraph 5 of DIRECTIVE (EU) 2016/680 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016, where the controller has reasonable doubts concerning the identity of the natural person making a request, the controller may request the provision of additional information necessary to confirm the identity of the data subject.
Contact details of the body to which requests for access, correction or deletion should be addressed
Ministry of Citizen Protection
Hellenic Police Headquarters
International Police Cooperation Division
S.I.Re.N.E. Bureau
4 P. Kanellopoulou Street, P.C. : 10177 Athens Greece
Telephone 210-6998263 & 210-6998262
Email address: sirene@astynomia.gr
Contact Details of the National Data Protection Authority
Hellenic Data Protection Authority
Supervisory Authority
Address: 1-3 Kifissias Street, P.C. : 115 23, Athens, Greece
Telephone: +30-2106475600
Email address: contact@dpa.gr
Website: www.dpa.gr
