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ANNEXSIRENE Manual and other implementing measures(1)

2.GENERAL PROCEDURES

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:

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).