On Tuesday, November 24, the Cabinet of Ministers supported the draft law “Amendments to the Law on the Operation of the Schengen Information System”, which envisages that from 2022 the Schengen Information System (hereinafter - the System) will be improved by expanding the possibility to announce additional categories of persons and objects.
In the future, it will be possible to search for categories of items that are easily identifiable, such as an identification number. Also, if a person is searched, the System will also be able to include an object or document that can be linked to that person. Until now, only vehicles, number plates and documents could be searched.
The wanted persons will also be able to be checked in the System with biometric data (fingerprints, photograph), for example, if dactyloscopic data is discovered at the crime scene, they will be included in the System to compare with fingerprints already in the biometric data processing system.
Given that personal data are processed in the System, as well as categories of sensitive biometric data are to be processed, there will be a potential impact on the fundamental rights of the individual. It is therefore envisaged that additional safeguards will be put in place in the system to limit data collection and further processing. Consequently, with regard to the protection of personal data, proportionality will be respected, as it will provide for specific rules on the erasure of alerts and will not provide for the collection and storage of data for longer than necessary. In the future, the competent authority will have to review, update or delete the alert for a person included in the system within a shorter period than at present.
In view of the growing migration between Member States, there is a need for an effective exchange of information between Member States in order to address issues such as migration management, integrated border management at Member States' external borders, the fight against terrorism and cross-border crime. The draft law also provides for the use of the System for the return of illegally staying third-country nationals. Therefore, an effective exchange of information between Member States is needed to ensure a lasting solution to these problems.
The Draft Law is intended to ensure the practical application of the legal norms arising from the three regulations of the Council and the European Parliament concerning the use of the System for Border Management, Police and Judicial Cooperation in Criminal Matters and the Return of Illegally staying Third-Country Nationals.
The draft law needs to be approved by the Saeima, and it is planned that it will enter into force on December 28, 2021.
Prepared:
Maris Zarins
Ministry of the Interior
Head of Communication Department
Phone: 67219213
Mob .: 29120858
E-mail: maris.zarins@iem.gov.lv