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Regulation (EU) 2018/1862 of the European Parliament and of the CouncilShow full title
Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU
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- Regulation revoked in part by S.I. 2019/742, reg. 119(2)(h) (as inserted) by S.I. 2020/1408 reg. 35(b)
Article 56U.K.Processing of SIS data
1.The Member States shall only process the data referred to in Article 20 for the purposes laid down for each category of alert referred to in Articles 26, 32, 34, 36, 38 and 40.
2.Data shall only be copied for technical purposes, where such copying is necessary in order for the competent authorities referred to in Article 44 to carry out a direct search. This Regulation shall apply to those copies. A Member State shall not copy the alert data or additional data entered by another Member State from its N.SIS or from the CS-SIS into other national data files.
3.Technical copies referred to in paragraph 2 which result in offline databases may be retained for a period not exceeding 48 hours.
Member States shall keep an up-to-date inventory of those copies, make that inventory available to their supervisory authorities, and ensure that this Regulation, in particular Article 10, is applied in respect of those copies.
4.Access to data in SIS by national competent authorities referred to in Article 44 shall only be authorised within the limits of their competence and only to duly authorised staff.
5.With regard to the alerts laid down in Articles 26, 32, 34, 36, 38 and 40 of this Regulation, any processing of information in SIS for purposes other than those for which it was entered into SIS has to be linked with a specific case and justified by the need to prevent an imminent and serious threat to public policy and to public security, on serious grounds of national security or for the purposes of preventing a serious crime. Prior authorisation from the issuing Member State shall be obtained for this purpose.
6.Any use of SIS data which does not comply with paragraphs 1 to 5 of this Article shall be considered as misuse under the national law of each Member State and subject to penalties in accordance with Article 73.
7.Each Member State shall send to eu-LISA a list of its competent authorities which are authorised to search the data in SIS directly pursuant to this Regulation, as well as any changes to the list. The list shall specify, for each authority, which data it may search and for what purposes. eu-LISA shall ensure that the list is published in the Official Journal of the European Union annually. eu-LISA shall maintain a continuously updated list on its website containing changes sent by Member States between the annual publications.
8.Insofar as Union law does not lay down specific provisions, the law of each Member State shall apply to data in its N.SIS.
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