Avalehe pilt
Statutes for maintenance of state register of Schengen Information System
09/26/2017

Issuer: Minister of the Interior
Type of act: Regulation
Type of text: Full text
Date of entry into force: 01.01.2012
Date of expiry of validity: Currently in force
Publication notation: RT I, 29.12.2011, 101

Statutes for maintenance of state register of Schengen Information System
Passed 22.12.2009 No 93
RTL 2009, 97, 1451
Entry into force 01.01.2010

The Regulation is established on the basis of subsection 25(1) of the Police and Border Guard Act.
Chapter 1 GENERAL PROVISIONS

§ 1. Establishment and name of state register of Schengen Information System

(1) The state register of the Schengen Information System is established by the Government of the Republic Regulation No 214 of 20 September 2007, "Establishment of state register of Schengen Information System and statutes for maintenance of register".

(2) The official name of the database is the State Register of the Schengen Information System (hereinafter the register).


§ 2. Chief processor of register

(1) The chief processor of the register is the Police and Border Guard Board.

(2) The Police and Border Guard Board shall perform the tasks of the chief processor pursuant to section 4 of Article 92 of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the governments of the States of the Benelux Economic Union, the Federal Republic of Germany and France on the gradual abolition of checks at their common borders (hereinafter the Schengen Convention) via a structural unit fulfilling the tasks of a SIRENE bureau.


§ 3. Authorised processor of register

The authorised processor of the register is the IT and Development Centre of the Ministry of the Interior, ensuring the operation of the hardware and software necessary for the processing of data in accordance with requirements and without disruptions.


§ 4. Objective of maintenance of register

(1) The register shall be maintained for the implementation of the Schengen Convention.

(2) The register is not public. The register data shall be used solely for the purposes arising from the Schengen Convention.

 

Chapter 2 MAINTENANCE AND COMPOSITION OF REGISTER


§ 5. Method of maintenance of register
The register shall be maintained as a single-level computerised database as hard-copy or digital registry files. Data processing shall be automatic.


§ 6. Registry file

(1) A registry file shall contain the source documents specified in sections 9 to 14 of this Regulation and documents certifying the correctness of the data corrected upon the correction of incorrect data entered in the register.

(2) A registry file may contain both hard-copy and digital documents.


§ 7. Cross-usage of register data

(1) The exchange of the register data with the POLIS Information System (hereinafter the Police Database) shall be executed via an RMI interface.
[RT I, 29.12.2011, 72 - entry into force 01.01.2012]

(2) The exchange of the register data with the State Register of Prohibitions of Entry, the Visa Register, the Traffic Register, the Database of Personal Identification Documents and the Border Control Information System PKIS (hereinafter the Border Control Database) shall be executed via the Data Exchange Layer X-Road.


§ 8. Security level of register data and security classification of register
The security level of the register data is high and the security classification of the register is K3T2S3.

 

Chapter 3 DATA TO BE ENTERED IN REGISTER, SUBMISSION OF DATA AND ENTRY OF DATA IN REGISTER


§ 9. Data to be entered in the register concerning persons wanted for transfer or extradition purposes pursuant to Article 95 of the Schengen Convention

(1) Data to be entered in the register concerning persons wanted for transfer or extradition purposes pursuant to Article 1 of the Schengen Convention

1) forename and surname and other names used by the person;

2) any specific objective physical characteristics not subject to change;

3) first letter of second forename;

4) date and place of birth;

5) sex;

6) citizenship;

7) whether the person is armed and/or violent;

8) reason (basis) for the warning notice;

9) action to be taken in regards to the person.

(2) Any other possible names used shall be entered separately.

(3) The basis for the submission of data specified in subsection (1) to the register is a European arrest warrant or an international arrest warrant.

(4) The submitters of the data specified in subsection (1) are:

 1) the Defence Police;

 2) the Tax and Customs Board;

 3) the Police and Border Guard Board;
[RT I, 29.12.2011, 72 - entry into force 01.01.2012]

4) the Prosecutor's Office;

5) the court in cases under court proceedings;

6) the Ministry of Justice in the case of enforced court rulings.

(5) The following institutions shall have access to the data specified in subsection (1):

1) the Police and Border Guard Board via the Police Database and the Border Control Database for the purpose of performing police and border control;
[RT I, 29.12.2011, 72 - entry into force 01.01.2012]

2) the Tax and Customs Board via the Police Database for the purpose of performing police and customs control;

3) the Defence Police via the Police Database for the purpose of performing police control;

4) the Prosecutor's Office via the Police Database for the purpose of managing pre-court proceedings.


§ 10.  Data to be entered in the register concerning aliens who have been refused entry pursuant to Article96 of the Schengen Convention

(1) The following data shall be entered in the register concerning aliens who have been refused entry:

1) forename and surname and other names used by the person;

2) any specific objective physical characteristics not subject to change;

3) first letter of second forename;

4) date and place of birth;

5) sex;

6) citizenship;

7) whether the person is armed and/or violent;

8) reason (basis) for the warning notice;

9) action to be taken in regards to the person.

(2) Any other possible names used shall be entered separately.

(3) The data specified in subsection (1) shall be entered on the basis of a decision of the Minister of the Interior or a higher official of the Ministry of the Interior authorised by the Minister, or a court judgement pursuant to the Obligation to Leave and Prohibition on Entry Act.

(4) The submitter of the data specified in subsection (1) is the Police and Border Guard Board.
[RT I, 29.12.2011, 72 - entry into force 01.01.2012]

(5) The following institutions shall have access to the data specified in subsection (1):

1) the Police and Border Guard Board via the Police Database and the Border Control Database for the purpose of performing police and border control and visa consultation, via the national register of prohibitions on entry for the purpose of processing residence permits and performing other procedures related to aliens;
[RT I, 29.12.2011, 72 - entry into force 01.01.2012]

2) the Tax and Customs Board via the Police Database for the purpose of performing police and customs control;

3) the Defence Police via the Police Database for the purpose of performing police control;

4) the Prosecutor's Office via the Police Database for the purpose of managing pre-court proceedings.


§ 11. Data to be entered in the register concerning missing persons or persons who, for their own protection or in order to prevent threats, need temporarily to be placed in a safe place on the basis of Article 97 of the Schengen Convention
The following data shall be entered in the register concerning missing persons or persons who, for their own protection or in order to prevent threats, need temporarily to be placed in a safe place

1) forename and surname and other names used by the person;

2) any specific objective physical characteristics not subject to change;

3) first letter of second forename;

4) date and place of birth;

5) sex;

6) citizenship;

7) whether the person is armed and/or violent;

8) reason (basis) for the warning notice;

9) action to be taken in regards to the person.

(2) Any other possible names used shall be entered separately.

(3) The data specified in subsection (1) shall be submitted to the register on the basis of a ruling of an investigative body declaring a person wanted, a court judgement to restrict the freedom of movement, a court ruling to apply psychiatric treatment independent of the will of a person or a request of a competent authority.

(4) The submitters of the data specified in subsection (1) are:

 1) the Police and Border Guard Board;
[RT I, 29.12.2011, 72 - entry into force 01.01.2012]

 2) the court in cases under court proceedings.

(5) The following institutions shall have access to the data specified in subsection (1):

1) the Police and Border Guard Board via the Police Database and the Border Control Database for the purpose of performing police and border control;
[RT I, 29.12.2011, 72 - entry into force 01.01.2012]

2) the Tax and Customs Board via the Police Database for the purpose of performing police and customs control;

3) the Defence Police via the Police Database for the purpose of performing police control;

4) the Prosecutor's Office via the Police Database for the purpose of managing pre-court proceedings.


§ 12. Data to be entered in the register concerning wanted witnesses and prosecuted or convicted persons pursuant to Article 98 of the Schengen Convention

(1) The following data shall be entered in the register concerning wanted witnesses and prosecuted or convicted persons:

1) forename and surname and other names used by the person;

2) any specific objective physical characteristics not subject to change;

3) first letter of second forename;

4) date and place of birth;

5) sex;

6) citizenship;

7) whether the person is armed and/or violent;

8) reason (basis) for the warning notice;

9) action to be taken in regards to the person.

(2) Any other possible names used shall be entered separately.

(3) The basis for the submission of data specified in subsection (1) to the register is a ruling of an investigative body or the Prosecutor's Office declaring a person wanted, or a court judgement or ruling.

(4) The submitters of the data specified in subsection (1) are:

 1) the Defence Police;

 2) the Tax and Customs Board;

 3) the Police and Border Guard Board;
[RT I, 29.12.2011, 72 - entry into force 01.01.2012]

 4) the Prosecutor's Office;

 5) the court in cases under court proceedings.

(5) The following institutions shall have access to the data specified in subsection (1):

1) the Police and Border Guard Board via the Police Database and the Border Control Database for the purpose of performing police and border control;
[RT I, 29.12.2011, 72 - entry into force 01.01.2012]

2) the Tax and Customs Board via the Police Database for the purpose of performing police and customs control;

3) the Defence Police via the Police Database for the purpose of performing police control;

4) the Prosecutor's Office via the Police Database for the purpose of managing pre-court proceedings.


§ 13. Data to be entered in the register concerning persons and vehicles for the purposes of discreet surveillance and specific checks pursuant to Article 99 of the Schengen Convention

(1) The following data shall be entered in the register concerning a person for the purposes of discreet surveillance or specific checks:

1) forename and surname and other names used by the person;

2) any specific objective physical characteristics not subject to change;

3) first letter of second forename;

4) date and place of birth;

5) sex;

6) citizenship;

7) whether the person is armed and/or violent;

8) reason (basis) for the warning notice;

9) action to be taken in regards to the person.

(2) The following data shall be entered in the register concerning a vehicle for the purposes of discreet surveillance or specific checks:

 1) purpose of and reason for discreet surveillance or specific checks;

 2) desired action in the event of a match;

 3) type of the vehicle;

 4) notes concerning the vehicle;

 5) colour;

 6) make;

 7) model;

 8) VIN code;

 9) registration plate;

 10) country of registration of the vehicle.

(3) Any other possible names used shall be entered separately.

(4) The basis for the submission of data specified in subsections (1) and (2) to the register is a request from an investigative body or a request from the Defence Police pursuant to section 3 of Article 99 of the Schengen Convention.

(5) The submitters of the data specified in subsections (1) and (2) are:

 1) the Defence Police;

 2) the Tax and Customs Board;

 3) the Police and Border Guard Board;
[RT I, 29.12.2011, 72 - entry into force 01.01.2012]

 4) the Prosecutor's Office.

(6) The following institutions shall have access to the data specified in subsections (1) and (2):

1) the Police and Border Guard Board via the Police Database and the Border Control Database for the purpose of performing police and border control;
[RT I, 29.12.2011, 72 - entry into force 01.01.2012]

2) the Tax and Customs Board via the Police Database for the purpose of performing police and customs control;

3) the Defence Police via the Police Database for the purpose of performing police control;

4) the Prosecutor's Office via the Police Database for the purpose of managing pre-court proceedings.


§ 14. Data to be entered in the register concerning objects sought for the purposes of seizure, confiscation or use as evidence in criminal proceedings pursuant to Article 100 of the Schengen Convention

 (1) The following data shall be entered in the register concerning motor vehicles with a cylinder capacity exceeding 50 cc, which have been stolen, misappropriated or lost:

 1) purpose of the search;

 2) desired action in the event of a match;

 3) type of the vehicle;

 4) notes concerning the vehicle;

 5) colour;

 6) make;

 7) model;

 8) VIN code;

 9) registration plate;

 10) country of registration of the vehicle.

 (2) The following data shall be entered in the register concerning trailers and caravans with an unladen weight exceeding 750 kg, which have been stolen, misappropriated or lost:

 1) purpose of the search;

 2) desired action in the event of a match;

 3) type of the trailer;

 4) notes concerning the trailer;

 5) colour;

 6) make;

 7) model;

 8) VIN code;

 9) registration plate;

 10) country of registration of the trailer.

(3) The following data shall be entered in the register concerning firearms, which have been stolen, misappropriated or lost:

1) purpose of the search;

2) desired action in the event of a match;

3) type of the firearm;

4) manufacturer of the firearm;

5) model;

6) calibre;

7) calibre unit.

(4) The following data shall be entered in the register concerning blank official documents, which have been stolen, misappropriated or lost:

1) purpose of the search;

2) desired action in the event of a match;

3) type of the document;

4) country issuing the document;

5) lowest number of the document;

6) highest number of the document.

 (5) The following data shall be entered in the register concerning personal identification documents (passports, identity cars, driving licences, residence permits and travel documents), which have been stolen, misappropriated, lost or revoked:

 1) reason for the search;

 2) desired action in the event of a match;

 3) type of the document;

 4) country of issue of the document;

 5) date of birth of the user of the document;

 6) surname of the user of the document;

 7) number of the document;

 8) date and time of the theft, loss or revocation of the document.

(6) The following data shall be entered in the register concerning a sought bank note:

1) reason for the search;

2) desired action in the event of a match;

3) currency;

4) notes related to the bank note;

5) lowest registration number;

6) highest registration number;

7) value of the bank note.

 (7) The data specified in subsection (5) of this section shall be entered in the register concerning vehicle registration certificates, which have been stolen, misappropriated, lost or revoked.

(8) The following data shall be entered in the register concerning vehicle registration plates, which have been stolen, misappropriated, lost or revoked:

1) reason for the search;

2) desired action in the event of a match;

3) number of the registration plate;

4) country of issue of the registration plate.

(9) The data specified in subsections (1) to (3) and (6) to (8) shall be entered in the register on the basis of a request of an investigative body.

(10) The data specified in subsections (4) to (5) and (7) to (8) shall be entered in the register on the basis of a request of the Ministry of Foreign Affairs, the Police and Border Guard Board or the Road Administration.
[RT I, 29.12.2011, 72 - entry into force 01.01.2012]

(11) The submitters of the data specified in subsections (1) to (8) are:

 1) the Police and Border Guard Board;
[RT I, 29.12.2011, 72 - entry into force 01.01.2012]

 2) the Ministry of Foreign Affairs in regards to subsections (4) and (5) (diplomatic passports);

 3) the Road Administration in regards to subsections (4) and (5) (driving licences) and subsections (7) and (8).

(12) The following institutions shall have access to the data specified in subsections (1) to (8):

1) the Police and Border Guard Board via the Police Database and the Border Control Database for the purpose of performing police and border control;
[RT I, 29.12.2011, 72 - entry into force 01.01.2012]

2) the Tax and Customs Board via the Police Database for the purpose of performing police and customs control;

3) the Defence Police via the Police Database for the purpose of performing police control;

4) the Prosecutor's Office via the Police Database for the purpose of managing pre-court proceedings.

(13) the Road Administration shall have access to the data specified in subsections (1), (2), (4), (5), (7) and (8) for the purpose of checking whether the vehicles presented to the Administration for registration have been stolen, misappropriated or lost.


§ 15. Legal meaning of registry data
The registry data shall have informative meaning; the registry data shall have legal meaning in the extent stipulated by law.


§ 16. Ensuring correctness of data
A data submitter shall be responsible for the correctness of the data submitted by the data submitter and the data contained in the source documents as at the time of submission of the source document.


§ 17. Correction of incorrect data
In the event of discovering incorrect data in the register, the submitter of the data shall give notice thereof to the chief processor, who shall be obligated to correct the data within 24 hours.


§ 18. Consultation
The chief processor shall have the right to request further information from the submitter of the registry data for the purpose of specifying the data of a person or object entered in the register or, if necessary, for submitting additional data upon a request from the central authority of another country responsible for the national section of the Schengen Information System, and to forward the data to the country that made the request. Additional information shall not be entered in the register.

§ 19. Data records
The chief processor shall maintain digital records of:

 1) date of receipt of data, the composition of data and the submitters of data;

 2) date of release of data, the composition of data and the receivers of data.


§ 20. Access to register by persons performing register development or maintenance works
The right of access to the register, excluding registry data, shall be also granted to the person performing development or maintenance works on the terms and conditions, in the extent and in accordance with the procedure established in the contract concluded with the chief processor.

 

Chapter 4 RIGHTS OF DATA SUBJECTS


§ 21. Right of data subjects to receive data concerning them

(1) A data subject shall have the right to make an enquiry to the chief processor of the register in order to receive data concerning the data subject from the register.

(2) The chief processor of the register shall release the data to data subjects, except in cases it is prohibited by law.

(3) If the data has been submitted in the register by another country that has joined the Schengen Information System, the chief processor shall ask the opinion of the central authority of the relevant country responsible for the national section of the Schengen Information System prior to releasing the data.


§ 22. Lawfulness of release of data

(1) In the case of doubts concerning the lawfulness of the release of data or refusal to release data to a data subject, the chief processor of the register shall ask the opinion of the Data Protection Inspectorate.

(2) A refusal to release data to a data subject shall be justified in writing.


Chapter 5 STORAGE OF REGISTRY DATA, SUPERVISION OVER MAINTENANCE OF REGISTER, FINANCING AND LIQUIDATION OF REGISTER


§ 23. Storage of data

(1) The data entered in the register on the basis of sections 9 to 12 and subsection 13(1) shall be stored only for the period necessary for achieving the objectives for which the data was submitted.

(2) The need for storing the data specified in subsection (1) shall be reviewed in three years at the latest after the entry of the data. In regards to the data entered in the register on the basis of subsection 13(1) of the Regulation the need for further storage shall be reviewed in one year at the latest after the entry of the data.

(3) The maximum possible storage period shall be 10 years for data not specified in subsection (1), and 5 years for data entered in the register on the basis of subsection 13(2) of the Regulation.

(4) The storage period of the data entered in the register shall be extended on the basis of the request of the submitter of the notice, if the storage of the data in the register in necessary for achieving the objective for which the data was submitted.


§ 24. Supervision over maintenance of register

(1) The Data Protection Inspectorate shall perform supervision over the lawfulness of the processing of personal data and the Ministry of Economic Affairs and Communications or an institution in the area of government of the Ministry of Economic Affairs and Communications authorised by the Ministry shall perform supervision over the administration of the register.

(2) The persons authorised to perform supervision over the register shall have the right to view the data entered in the register and the source documents thereof, to enter the rooms where data is processed or where the equipment used for processing data are located, and to receive information about the release and use of data.

(3) Upon the discovery of deficiencies in the maintenance of the register, the chief processor and the authorised processor shall be obligated to eliminate the deficiencies indicated in the precept of the person performing supervision by the designated term.

(4) The Police and Border Guard Board shall implement internal supervision measures to ensure the fulfilment of the obligations of the chief processor in conformity with the Schengen Convention.


§ 25. Financing of maintenance of register
The maintenance of the register shall be financed from the state budget, as ad hoc amounts from the budget line of the Police and Border Guard Board.


§ 26. Liquidation of register
The liquidation of the register shall be decided by the Government of the Republic. The database shall be liquidated in accordance with the requirements of the Archives Act.

 

Chapter 6 ENTRY INTO FORCE OF REGULATION

§ 27. Entry into force of Regulation
This Regulation shall enter into force on 1 January 2010.