The Schengen Information System (SIS) is the most important security and border management database in Europe. As there are no border controls between Schengen member states, the SIS plays a central role in maintaining internal security by enabling national authorities to share information across borders. An alert in the SIS can have serious consequences for the individual concerned, including refusal of entry into the Schengen Area, arrest, or unwanted involvement in criminal proceedings. Where data has been entered unlawfully or incorrectly, individuals have the right to have it corrected or deleted.

At Schlun & Elseven Rechtsanwälte, our lawyers are experienced in helping clients access, challenge, and delete SIS alerts across all Schengen member states. If you believe you may be subject to a SIS alert, contact us without delay.

The Schengen Information System assists European authorities in three distinct ways. Border control cooperation allows border authorities to consult alerts on third-country nationals to determine whether their entry into or stay in the Schengen Area should be refused. Law enforcement cooperation enables national authorities to issue alerts on missing persons or individuals and objects connected to criminal investigations. Vehicle registration cooperation simplifies the verification of a vehicle’s legal status when presented for registration.

The SIS operates as a shared database accessible to all member states. Depending on the type of alert issued, its impact on an individual’s life can be significant and wide-ranging.

The 2023 SIS Upgrade: What Has Changed?
In March 2023, the Schengen Information System received a significant upgrade that expanded its capabilities considerably. New alert categories were introduced, giving member state authorities access to more comprehensive and reliable information. The system now stores additional biometric data including palm prints, facial images, and DNA samples. Counter-terrorism capabilities were strengthened through expanded information sharing on individuals and objects connected to terrorism-related activities. Preventive alerts were also introduced to protect vulnerable persons, including children at risk of abduction and potential victims of human trafficking or gender-based violence.

Alerts in the Schengen Information System can be issued for a range of purposes. These include alerts on individuals refused entry or stay in any Schengen country, alerts on persons wanted for arrest based on a European Arrest Warrant or an extradition request, alerts to locate missing persons, and alerts to find individuals or objects needed in connection with criminal proceedings.

Each SIS alert consists of three elements: identifying information about the person or object concerned, the reason the alert has been issued, and instructions for authorities on what action to take upon locating the person or object. The minimum identifying data required is a name and year of birth, though photographs, fingerprints, and DNA are typically included to facilitate identification and reduce the risk of misidentification. The risk of unlawful or incorrect data storage means that individuals must be able to exercise meaningful control over the personal data held about them in the system.

The SIS is used by national authorities across all 27 EU member states as well as the four Schengen Associated Countries: Iceland, Norway, Switzerland, and Liechtenstein. Within member states, access is available to national law enforcement, border control, customs, visa, and judicial authorities — across all participating countries, more than 2,000 authorities in total have access to the system. At the EU level, Europol, Eurojust, and Frontex additionally have access within their respective areas of responsibility. All authorities are restricted to accessing only the data relevant to their specific tasks.

All individuals whose data is processed in the Schengen Information System have specific rights under data protection principles. These include the right to access personal data stored about them in the SIS, the right to have inaccurate or incomplete data corrected, and the right to have unlawfully stored data deleted. Since all national SIS databases are identical to the central system, these rights can be exercised in any member state of your choice. Our lawyers are able to assist with access, correction, and deletion requests in any Schengen state, even where the alert was issued by a different member state.

Any individual whose data is stored in the Schengen Information System has the right to request information about that data. This right can be exercised directly by applying to the authority processing the data, or indirectly by contacting the national data protection authority of the relevant member state. Our lawyers will handle this process on your behalf and keep you informed of any responses from the authorities at every stage.

Where data stored in the SIS is factually inaccurate, incomplete, or unlawfully held, you have the right to request its correction or deletion. Only the member state that issued the alert has the authority to alter or delete it. Where a request is made in a different member state, the competent authorities must cooperate to resolve the matter. A successful request requires that the grounds for correction or deletion are presented clearly and precisely, supported by all relevant information. Our lawyers have extensive experience in preparing and submitting such requests and will work to resolve your case as effectively as possible.

Where a request for access, correction, or deletion has not been satisfied, further legal remedies remain available. Any individual may bring an action before the courts or the competent authority in the relevant member state to enforce their rights. Where the case has a cross-border element, courts and authorities are required to cooperate to ensure adequate protection of the individual’s rights. As an internationally active law firm, we are able to assist with proceedings in the member state of your choice and advise you on the differences in procedure between member states.

If you are subject to a Schengen Information System alert or believe that incorrect data may have been entered about you, acting promptly is essential. Our lawyers will assess your situation, advise you on the most effective course of action, and handle all communication with the relevant authorities on your behalf. Contact us now through our secure contact form for immediate and confidential legal assistance.