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Schengen with a new legal framework

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published on 24 March 2023 | reading time approx. 2 minutes


The Schengen Information System (SIS) has recently entered a new phase, with the full application of three Regulations that constitute the new legal framework for processing personal data in this large-scale information system of the European Union.
 
In this sense, SIS will have new functionalities, such as new alerts on persons and objects and a wide range of entities that will have access to the system at national and European level, including three European agencies: Europol, Eurojust and Frontex.

SIS is an information system that is used in the field of border controls and in the field of police cooperation and judicial cooperation in criminal matters by the Schengen states. 

It is used by all EU countries except Cyprus, as well as by Iceland, Liechtenstein, Norway, and Switzerland. 

Furthermore, the SIS Regulations contain specific rules regarding the protection of personal data, and the General Data Protection Regulation (GDPR) and Directive (EU) 2016/680, transposed into national law by Law 59/2019 of 8 August, also apply.

That said, it should be considered that everyone has the right of access to their personal data processed in the SIS, as well as the right to have such data corrected if inaccurate or deleted if unlawfully processed.  These rights can be exercised in any Schengen State. 

In Portugal, these rights must be exercised at the National SIRENE Bureau (GNS). 

In general terms, the National SIRENE Bureau (GNS) is an organism with a fundamental role in the reinforcement of public order and security in the national territory, and a crucial actor in the scope of Police and Judicial Cooperation in Criminal Matters within the European Union.

Finally, the CNPD is the national supervisory authority for the national part of the SIS. 

Under this new legal regime, coordinated supervision of the SIS is now ensured by the Coordinated Supervision Committee (CSC), which operates within the framework of the European Data Protection Board (EDPS), in which all national data protection authorities of the Schengen states and the European Data Protection Supervisor (EDPS) are represented.

DATA PROTECTION BITES

author

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Vitor Oliveira

+351 212 4726 88

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André Rodrigues Barbosa

Advogado

+351 212 4726 88

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