On 14th June 1985 the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic entered into the Schengen Agreement, the purpose of which was the gradual abolition of checks at their common borders. On 19th June 1990 the Schengen Convention was entered into between the Governments of the Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands. As a result of entering into the Schengen agreement and the Schengen Convention, the indicated countries intensified the control at the external borders of the visa area and also consolidated transnational cooperation in law enforcement, police and border guard spheres. One of the recurrent principles of Schengen is the free movement of persons. By virtue of that there is no border control at the internal borders of the Schengen area – the border control is carried out only at the external borders of the Schengen area.
For the purpose of achieving the targets provided in the Schengen agreement and the Schengen Convention, among others, the Schengen Information System (SIS) has been established. The Information System contributes to the securing of public order, safety and free movement of persons in the Schengen area. In Estonia the Police and Border Guard Board is accountable for the domestic level part of the Schengen Information System, the data are also being entered into the Information System through the Board (The Statutes for maintenance of state register of Schengen Information System). In addition, each member state of the Schengen area has its data protection institution, the role of which is to make sure that the entry of the data into the SIS and the use of the SIS is carried out without any violation of personal rights. In Estonia the corresponding institution is the Data Protection Inspectorate.
Any person, regardless of his or her citizenship, has a right to become acquainted with the data entered about him or her into the Schengen Information System. In Estonia a person can get acquainted with the data concerning him or her, which has been entered into the Information System, by submitting a corresponding application to the Police and Border Guard Board (to the e-mail address email@example.com) or to the Data Protection Inspectorate (to the e-mail address firstname.lastname@example.org). Each person is also entitled to demand from the named institutions the correction or deletion of the inaccurate data pertaining to such person, which has been entered into the Information System.
In order to get acquainted with his or her data entered into the Schengen Information System, and for correction or deletion of such data, the person shall submit a signed application. The application must provide the name, date of birth and citizenship of the person, and a copy of the person’s identity document must be enclosed with the application.
In addition, the following information must be provided in the application:
- the institution, which has entered the person’s data into the SIS;
- all and any relevant aspects concerning the data in question (type of the data, information about where and when the data subject became aware of his or her data in the SIS);
- which data the person demands to be corrected or deleted (in case if such is the subject matter of the application).
The sample form of the application can be viewed here.
You may read additional information about the Schengen, as well as several catalogues dealing with recommendations for proper implementation and best practices of the Schengen acquis, and you will also find the relevant legal norms and the contacts here.