RIGHTS OF INDIVIDUALS AND DATA PROTECTION
Rights of individuals whose data is processed in the SIS II
Persons whose personal data are collected, held or otherwise processed in the second generation Schengen Information System (hereinafter „SISII”) are entitled to rights of access, correction of inaccurate data and deletion of unlawfully stored data. The ways of exercising these rights are described in the Guide for exercising the right of access.
Right of access
The right of access is the possibility for anyone who so requests to have knowledge of the information relating to him or her stored in a data file as referred to in national law. This is a fundamental principle of data protection which enables data subjects to exercise control over personal data kept by third parties. This right is expressly provided for in Article 53 of Regulation (EU) 2018/1861 and in Article 67 of Regulation (EU) 2018/1862.
The right of access is exercised in accordance with Law no. 141/2010, republished. Thus, pursuant to Article 62 of Law no. 141/2010, republished, the requests of the data subjects in the context of personal data processed in the NISA or the SIS can be submitted only to the national SIRENE Bureau which will communicate the answer to the applicant as soon as possible but no later than 60 days after the receipt of the request.
The requests may be submitted to the national SIRENE Bureau or to any data controller within the Minister of Internal Affairs or its structures, which sends the request to the national SIRENE Bureau within 5 days from its submission.
In the case of alerts entered in the SIS by another Member State, the requests of the persons are answered by the national SIRENE Bureau only with the consent of the Member State that entered the alert. The national SIRENE Bureau requests the consent through the exchange of supplementary information.
The data subject shall not be communicated information regarding personal data processed in SIS as long it is necessary for performing the activities on the basis of the alert or the objective of the alert or for protecting the rights and freedom of other persons.
Right to rectification and deletion of data
Besides the right of access, there are also the right to obtain the correction of personal data factually inaccurate or incomplete or the right to ask for deletion of personal data unlawfully stored (Article 53 of Regulation (EU) 2018/1861 and Article 67 of Regulation (EU) 2018/1862).
Under the Schengen legal framework only the Member State responsible for issuing an alert in the SIS may alter or delete it (See Article 44(3) of Regulation (EU) 2018/1861 and Article 59(3) of Regulation (EU) 2018/1862.
The right of rectification and deletion of data is exercised in accordance with Law no. 141/2010, republished. Thus, pursuant to Article 62 of Law no. 141/2010, republished, the requests of the data subjects in the context of personal data processed in the NISA or the SIS can be submitted only to the national SIRENE Bureau which will communicate the answer to the applicant as soon as possible but no later than 90 days after the receipt of the request.
The requests may be submitted to the national SIRENE Bureau or to any data controller within the Minister of Internal Affairs or its structures, which sends the request to the national SIRENE Bureau within 5 days from its submission.
If the request is submitted in a Member State that did not issue the alert, the competent authorities of the Members States concerned cooperate to handle the case, by exchanging information and making the necessary verifications.
Contact details of the body to which requests for access, rectification, erasure should be addressed
Centre for International Police Cooperation
SIRENE Burau
1-5 Calea 13 Septembrie, Bucharest, 5th district
Romania
Tel.: +40 21 315 96 26; +40 21 314 05 40
Fax: +40 21 314 12 66; +40 21 312 36 00
E-mail: ccpi@mai.gov.ro
Right to complain to the data protection authority
Pursuant to Article 64 of Law no. 141/2010, republished, the legality of the processing of personal data in N.SIS on the territory of Romania and the transmission of this data abroad, as well as the exchange and further processing of additional information are monitored and subject to the control of the National Supervisory Authority for Personal Data Processing.
Contact details of the National Supervisory Authority for Personal Data Processing: anspdcp@dataprotection.ro
Right to initiate a judicial proceeding
Pursuant to Article 63 of Law no. 141/2010, republished, when the court examines the correct application of the provisions of Article 16 of Law no. 677/2001, with subsequent amendments and additions, the administration of evidence is done in the council chamber.
Guide for exercising the right of access
