A Guide for Exercising the Right of Access
07.06.2011 / 21:18
An important role in the protection of the Schengen area is played by the Schengen Information System (SIS), which was established as a necessary measure aimed at limiting the security risks resulting from free movement of persons and goods within the Schengen area.
The SIS is an extensive international database, which allows the competent bodies, to utilize data on persons and goods that have been introduced into the database in any other member state and, in certain cases, respond appropriately (e.g. prevent a person on whom prohibition of residence has been imposed in some other member state from entering the Schengen area, or to arrest a person sought by the police in some other member state). The SIS is utilized for the purposes of border checks and police and customs checks carried out within the country, in proceedings on granting visas, in issuing residence permits and in assessing the jurisdiction for asylum applications.
From the viewpoint of personal data protection, it is also important to guarantee certain rights of individuals, who can exercise these rights in order to actively participate in protection of their rights and, thus, also their privacy. The CISA places great emphasis on securing these rights in relation to processing of personal data in the Schengen Information System.
Everyone is guaranteed the right to request that the national supervisory authority entrusted with supervision over personal data processing in the SIS in any Schengen state review whether and in what manner his personal data are being processed in the SIS. The exercise of this right is governed by the national law of the contracting party to which the request is made. The individual national supervisory authorities ought to closely cooperate when dealing with these requests with the aim to ensure effective exercise of the data subject's rights; indeed, given the international character of the SIS, it is usual that several member states, and thus also several supervisory authorities, are involved in dealing with a specific request or complaint.
In the Czech Republic, the data subject should primarily exercise his rights related to the SIS vis-a-vis the controller of these data, i.e. the Police of the Czech Republic, and specifically the
Presidium Of the Police of the Czech Republic
170 89 Prague 7
The Office for Personal Data Protection of the Czech Republic is competent to review personal data processing within the national part of the SIS at the request of data subjects in cases where there is suspicion of an unlawful procedure or where the controller (the Police of the Czech Republic) has not provided a satisfactory response.
The Office for Personal Data Protection does not forward requests for information or access to data to the Presidium of the Police of the Czech Republic.
Since the procedure how to exercise the right of access varies in the member states, the Joint Supervisory Authority (a body established in the Art. 115 of the Convention implementing the Schengen Agreement) ) published a guide providing comprehensive information on how to apply this right in all Schengen countries.