Search Legislation

Commission Decision of 4 March 2008 adopting the SIRENE Manual and other implementing measures for the second generation Schengen Information System (SIS II) (2008/334/JHA)

 Help about what version

What Version

Close

This is a legislation item that originated from the EU

After exit day there will be three versions of this legislation to consult for different purposes. The legislation.gov.uk version is the version that applies in the UK. The EU Version currently on EUR-lex is the version that currently applies in the EU i.e you may need this if you operate a business in the EU.

The web archive version is the official version of this legislation item as it stood on exit day before being published to legislation.gov.uk and any subsequent UK changes and effects applied. The web archive also captured associated case law and other language formats from EUR-Lex.

Status:

This is the original version (as it was originally adopted).

2.11.Different categories of identity

Confirmed identity (established identity)

A confirmed identity (established identity) means that the identity has been confirmed on the basis of genuine ID documents, by passport or by statement from competent authorities.

Not confirmed identity

A not confirmed identity means that there is not sufficient proof of the identity.

Misused identity

A misused identity (surname, forename, date of birth) occurs if a person uses the identity of another real person. This can happen for example when a document is used to the detriment of the real owner.

Alias

Alias means an assumed identity used by a person known under other identities.

2.11.1.Misused identity (Article 36 of the SIS II Regulation and 51 of the SIS II Decision)

Subject to the person's consent, as soon as it is clear that a person's identity has been misused, additional data shall be added to the alert in the SIS II in order to avoid the negative consequences of misidentification. The person whose identity has been misused may, according to national procedures, provide the competent authority with the information specified in Article 36(3) of the SIS II Regulation and Article 51(3) of the SIS II Decision. Any person whose identity has been misused has the right to withdraw his/her consent for the information to be processed.

When a Member State discovers that an alert on a person issued by another Member State relates to a case of misused identity, it shall thereof inform the SIRENE Bureau of the issuing Member State using a Q form, in order that the data can be added to the SIS II alert.

The data of the person whose identity has been misused shall only be available for the purpose of establishing the identity of the person being checked and shall in no way be used for any other purpose. Information on misused identity shall be deleted at the same time as the alert or earlier if the person concerned so requests.

Taking into account the purpose for entering data of this nature, the photographs and fingerprints of the person whose identity has been misused should be added to the alert. On the Q form, only the Schengen number refers to the data of the person sought by the SIS II alert. The information in heading 052 (Date document was issued) is compulsory.

Furthermore, on becoming aware that a person for whom an alert exists in the SIS II is misusing someone else's identity, the issuing Member State shall check whether it is necessary to maintain the misused identity in the SIS II alert (to find the sought person).

2.11.2.Entering an alias

To ensure sufficient data quality, Member States shall as far as possible inform each other about aliases and exchange all relevant information about the real identity of the sought subject.

The Member State that entered the alert shall be responsible for adding any aliases. If another Member State discovers an alias, it shall pass the matter on to the Member State that entered the alert.

In the case of alerts for arrest, the Member States adding the alias may inform all the other Member States about it by using an M form.

2.11.3.Further information to establish a person’s identity

The SIRENE Bureau of the issuing Member State may also, if the data in the SIS II is insufficient, provide further information after consultation, on its own initiative or at the request of another Member State, to help establish a person’s identity. The L Form shall be used for this purpose. This information shall, in particular, cover the following:

  • the origin of the passport or identity document in the possession of the person sought,

  • the passport or identity document’s reference number, issuing date, place and authority as well as the expiry date,

  • description of the person sought,

  • surname and forename of the wanted person's mother and father,

  • last known address.

As far as possible, this information shall be available in the SIRENE Bureaux, or immediately and permanently accessible to them for speedy transmission.

The common objective shall be to minimise the risk of wrongly stopping a person whose identity details are similar to those of the person on whom an alert has been issued.

(1)

This text is identical to the text in the Annex to Commission Decision 2008/333/EC (see page 4 of this Official Journal).

Back to top

Options/Help

Print Options

You have chosen to open the Whole Decision

The Whole Decision you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the EU Official Journal
  • lists of changes made by and/or affecting this legislation item
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources