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ANNEX U.K.SIRENE Manual and other implementing measures(1)

2. GENERAL PROCEDURES U.K.

2.7. Data found to be legally or factually inaccurate (Article 34 of the SIS II Regulation and Article 49 of the SIS II Decision) U.K.

If data is found to be factually incorrect or has been unlawfully stored in the SIS II, then the exchange of supplementary information shall take place in line with the rules set out in Article 34(2) of the SIS II Regulation and 49(2) of the SIS II Decision, which provide that only the Member State that issued the alert may modify, add to, correct, update or delete data. U.K.

The Member State which found that data contains an error or that it has been unlawfully stored shall inform the issuing Member State via its SIRENE Bureau at the earliest opportunity and not later than 10 calendar days after the evidence suggesting the error has come to its attention. The exchange of information should be carried out using a J form.

(a)

Following the result of consultations, the issuing Member State may have to delete or correct the data, in accordance with its national procedures for correcting the item in question;

(b)

if there is no agreement within two months, the SIRENE Bureau of the Member State that discovered the error or that the data has been unlawfully stored shall advise the authority responsible within its own country to refer the matter to the European Data Protection Supervisor, who shall, jointly with the national supervisory authorities concerned, act as mediator.

Exchange of information following discovery of new facts U.K.

In order to ensure the data quality and the lawfulness of the data processing, if a new fact related to an alert comes to the attention of a SIRENE Bureau other than the SIRENE Bureau of the issuing Member State, it shall communicate this information as soon as possible to the SIRENE Bureau of the issuing Member State using a J form. This could happen, for example, when a third-country national on whom an alert for refusal of entry or stay has been issued, becomes a beneficiary of the Community right of free movement after the alert was issued.

(1)

This text is identical to the text in the Annex to Commission Decision 2008/334/JHA (see page 41 of this Official Journal).