Access to the Schengen information system (SIS)
The exercise of the rights of access, rectification and deletion concerning SIS differs according to whether the alert is processed for the purpose of refusing admission or a ban on residence in the Schengen area or for the purposes of police and judicial cooperation in criminal matters.
New features in the Schengen Information System
The Schengen Information System (SIS) is an IT system that guarantees freedom, security and justice in the Schengen area.
SIS supports operational cooperation and information exchange between national authorities.
The system enables the national competent authorities to check alerts on wanted persons or objects
From March 7th 2023 SIS is upgraded and includes new elements. What does the SIS do ?
- • Enhances cooperation
- Protects the most vulnerable
- Manages irregular migration
- Combats criminality
- Strengthens external border controls
- Safeguards individual rights
For more information : clik here.
Subjects whose data are processed in SIS have a right of access, rectification of inaccurate data and erasure of unlawfully stored data.
The SIS framework (new SIS framework enters into force on 7 March 2023) strictly defines the categories of data that may be entered into and stored in SIS, as well as the time limits for the retention of these data.
If your request concerns an alert for refusal of entry and stay on third-country nationals or for return resulting from an administrative decision taken by the Belgian Service Foreign Affairs, it must be addressed to:
Service Foreign Affairs
Boulevard Pacheco 44, 1000 Brussels
In the absence of a response from the Service Foreign Affairs within the period of one month from the receipt of your request or if this answer is not satisfactory, you can lodge a complaint with the Data Protection Authority (https://www.dataprotectionauthority.be/citizen).
If your request concerns another alert introduced by the Belgian authorities (for the purposes of police and judicial cooperation in criminal matters), it must be sent to the Supervisory Body for Police Information:
Supervisory Body for Police Information
Rue de Leuven 48, 1000 Brussels
e-mail: firstname.lastname@example.org - email@example.com
Belgium has a system of indirect access. This signifies that the request must be sent to the Supervisory Body which will verify the data to ensure the legality of their processing within SIS. According to the Belgian data protection Act (July 30th2018), the Supervisory Body can and will only communicate to the person concerned that “the necessary checks have been carried out”.
The system of indirect access also signifies that a request cannot be addressed directly to a Belgian police service or to the Belgian SIRENE Bureau.
If the alert has been entered by another Member State, the request will be usefully addressed to the competent body and in accordance with the procedures contained in the guide for exercising the right of access.
Conditions of admissibility apply to the application for the exercise of rights by the Service Foreign Affairs and the Supervisory Body for Police Information : it must be written, dated and signed by the data subject or his lawyer. The data subject must also provide proof of identity by attaching a copy of an identity document (double-sided). A lawyer must provide evidence of his capacity and also attach the mandate given by his client. The application must clearly indicate the purpose of the request, including the type of alert to which it relates. Failing these elements, the application could be declared non-admissible.