Use of the SIS
The Schengen Information System (SIS) was set up to allow competent authorities from the Schengen countries to access the following data on specific individuals and goods:
- persons wanted for arrest for the purposes of surrender pursuant to the European Arrest Warrant or to be placed into a preliminary custody for the purposes of extradition;
- third-country nationals who must be refused entry to the territory of Schengen states;
- missing persons and persons who, for their own protection or in order to prevent threats, need temprorarily to be placed under police protection;
- persons who need to be found for the purposes of criminal proceedings;
- persons and objects which are subject to discreet surveillance or specific checks;
- lost and stolen objects or objects sought for the purposes of use as evidence in criminal proceedings (e.g. stolen, misappropriated or lost motor vehicles, firearms, blank official documents, banknotes, stolen credit cards, etc.).
Since 1 September 2007, checking the SIS alerts forms a a standard part of a thorough external border check (at Czech borders) of those third-country nationals who do not enjoy the Community right of free movement.
Checking the SIS is possible, under certain conditions, also with respect to persons enjoying the Community right of free movement (nationals of the EU/Schengen countries, Liechtenstein and Switzerland and their family members) in the same way as they could have been checked in the national databases prior to 1 September.
As a part of a minimum check, it is possible to search in relevant databases (including the SIS) for the purposes of checking whether the submitted travel document is not a stolen, misappropriated, lost or invalid travel document.
On an irregular basis, i.e. not systematically, it is possible to check persons enjoying the Community right of free movement also for the purposes of ensuring that their presence in the Czech territory (and the Schengen territory) does not present a real, current and sufficiently serious threat to internal security or public policy in the Czech Republic or a threat to public health or international relations. As opposed to other third-country nationals, the checking in the SIS is not done systematically; i.e. it does not concern every person crossing the external Schengen border. In contrast to the third-country nationals not enjoying the Community right of free movement, an alert in the SIS or another database does not constitute in itself a reason for refusing entry. Entry may be refused only for reasons of public policy or security, i.e. if their personal behaviour poses a real, current and sufficiently serious threat to some of the fundamental interests of the society.
Checking the SIS is possible also for the purposes of standard police checks inside the territory of the country.
Since 1 September 2007, any person is entitled to request information on the processing of their personal data in the SIS and has the possibility to exercise his/her right of access to the data in the SIS. He/sche can adress their request directly to the personal data administrator (the Czech Police), and if their request is not satisfied, to the supervisory authority ascertaining the compliance with the Schengen provisions on personal data protection - in the Czech Republic it is the Office for Personal Data Protection.