UWAGA!

Od 25 maja 2018 r. organem właściwym w zakresie ochrony danych osobowych jest Prezes Urzędu Ochrony Danych Osobowych. Nowa strona internetowa urzędu jest dostępna pod adresem: www.uodo.gov.pl.

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POZOSTAŃ NA STRONIE ARCHIWALNEJ (GIODO)

How long can personal data be kept in the Schengen Information System?

Pursuant to Article 112 of the Convention Implementing the Schengen Agreement personal data entered into the Schengen Information System for the purposes of tracing persons should be kept only for the time required to meet the purposes for which they were supplied. The party to the Convention which issued the alert must review the need for continued storage of such data no later than three years after they were entered. In case of the discreet surveillance carried out on the basis of Article 99 of the Convention such period has been shortened to one year after the data were entered. It needs to be noted that both the three-year period as well as the year-lasting one do not indicate the legitimated period of processing but only impose the obligation of periodical assessment of the need for continued storage of such data. The actual period of processing in the Schengen Information System may be therefore shorter or longer than the three- or one-year period and is made conditional on the fact whether the purpose of processing has been realised. For example it needs to be pointed out that personal data of foreign national entered on the basis of valid court decision on the refusal of entry for the period of 10 years will be erased from the data file after the expiry of the ten-year period in the meantime undergoing the periodical assessment three times.

The said periods of assessment should be recognised as maximum periods as pursuant to the content of Article 112 of the Convention Implementing the Schengen Agreement the parties to this Convention may set in the national legislation shorter review periods.

The technical support function of the Schengen Information System should automatically inform the party who entered the alert of scheduled deletion of data one month in advance. The alerts not recognised as necessary for the purposes for which the alert was issued are automatically deleted.

On the margin of the above considerations it needs to be pointed out that personal data relating to the alert exchanged through the SIRENE Bureaux should be deleted after the purpose of processing has been obtained and at the latest one year after the alert has been deleted from the Schengen Information System.

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