In this article, the International Lawyer H24 explains in detail what the Schengen Information System SIS II is, how to verify if your name is present in the system and how to request the correction or cancellation of the Schengen alert.
Have you been sentenced or wanted abroad or do you have a deportation order registered in the Schengen information system SIS II? Do you think they are looking for you in Italy or abroad? Have you been subject to an expulsion order from the Schengen area and want to know how to request the cancellation of the alert that you consider abusive?
Read this article to get the information you need!
But let’s proceed in order and see first the general principles that govern the matter, so that you understand well what you have to do.
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What is the Schengen Information System SIS II?
The Schengen Information System SIS II is an international police cooperation system through which a series of information necessary to guarantee security in the international context is reported on a common server to the different States belonging to the Schengen area.
Specifically, it is a system in which the different Member States of the Schengen area can enter descriptions about people wanted at a national or international level, or about the search for missing people or objects (such as documents, vehicles, weapons, boats, etc).
In essence, therefore, through the Schengen Information System, the different police or judicial authorities of the different States belonging to the Schengen area are authorized to insert an “alert” in a system common to the other Member States in which provides a detailed description of the person or objects sought so that each Member State can be informed and carry out an international search or arrest.
When can the alerts in the Schengen Information System SIS II be applied?
As I told you before, thanks to the reports of the Schengen Information System SIS II, each Member State can request the arrest or international search of a person, or the discovery of certain stolen goods.
The main reasons that can give rise to an alert in the SIS II system are:
1) Refusal of entry into the Schengen area of people without a residence permit, or of people who have been the subject of an expulsion order from the Schengen area;
2) Search for the arrest of persons in the event of application, in a Member State, of a European arrest warrant;
3) Search to find missing persons throughout Europe;
4) Provide assistance and information on the location in the national territory of the persons sought based on a report from a foreign State;
5) Search for stolen, lost or illegal goods throughout Europe.
For this reason, it is very important to know that several reasons can justify an alert in the SIS II information system. Therefore, if you believe that your name has only been mistakenly or illegally entered into the said system, you should immediately request the cancellation of the Schengen alert so that you do not run the risk of being arbitrarily arrested by the police.
How to know if my name is present in the Schengen Information System SIS II?
If you have doubts about the registration of your name, for any reason, in the Schengen Information System SIS II, you can request information from the competent national authority to carry out this type of control, which, in the case of Italy, is the Ministry of Internal, Secretary of Public Security.
In this case, you must send a written request, accompanied by a copy of your identity document, to
- Ministry of the Interior – Directorate of Public Security – Central Directorate of Criminal Police – Division V N.SIS
in which you can ask if your name is present in the Schengen information system N.SIS.
This request can also be made personally by the interested party, or by a lawyer for Schengen alert cancellation.
The Ministry’s response time to a simple request for information is approximately 60 days.
What should I do if my name is registered in the Schengen Information System SIS II?
In the event that your name is registered in the Schengen information system SIS II, you should know that it is always possible to request the cancellation of the Schengen alert, in order to avoid being subject to arbitrary detention in the event of a trip abroad, or even in the case of a simple stay in Italy.
First of all, you should know that, in accordance with art. 58 section 5 of the EU Council Decision 2007/533/JHA, of June 12, 2007, regarding the establishment, operation and use of the second generation Schengen Information System (SIS II), expressly provides that:
“Any person has the right to have the data concerning him rectified when they contain factual errors or to have the data concerning him deleted if they have been improperly placed”.
Being able to request the rectification or cancellation of the Schengen alert is an indisputably recognized right of all, when the data declared in the SIS II information system may contain factual errors, or when it may be considered illegal to maintain this alert in the SIS II system.
Indeed, based on the provisions of art. 49 section 2 of EU Council DECISION 2007/533/JHA:
“Only the Member State that has made a note is authorized to modify, complete, correct, update or delete the data entered”.
You must understand, at this point, that the only State that can cancel an alert from the Schengen Information System is exclusively the State that has introduced it, so if, for example, France seizes the Schengen alert due to the arrest of a person, the only State that can proceed with the rectification or cancellation of the alert can only be France, so any request for cancellation of the Schengen alert must always be addressed directly to the French Authority.
It is very important, in the event that you wish to submit a request for cancellation of the Schengen alert, that you be assisted by an expert international lawyer who has experience in this type of matter.
What to do if you want to request the correction or cancellation of the Schengen alert in Italy?
In the event that Italy has entered the alert in the Schengen Information System, or in the event that you simply wish to report an error in entering your name in the Schengen Information System, the competent authority to carry out this type of control over the quality of the data present in the SIS II System for Italy is the guarantor of the protection of personal data.
In this case, therefore, a reasoned report can be made with which you can request the rectification or cancellation of your name from the Schengen database.
However, it is a fairly complex procedure for which it is always advisable to be assisted by a Schengen alert cancellation lawyer with experience in this type of sector.
What happens if a foreign State that issued the alert does not intend to proceed with the cancellation in SIS II?
As I told you before, the request for cancellation or correction of the Schengen alert must always be addressed directly to the State that made it, so it will not be possible to ask, for example, Italy to cancel a Schengen alert due to a European arrest warrant issued. by Germany.
In this case, going back to the previous example, the request for cancellation of the Schengen alert must always be addressed directly to the competent German authorities, since they are the only authorities that can proceed with the rectification or cancellation of the Schengen report.
However, you should be aware that there is a procedure whereby Italy can also ask a Member State to cancel a Schengen alert.
Indeed, art. 49 section 3 of DECISION 2007/533/JHA of the EU Council provides that:
“If a Member State has evidence that such data contains factual errors or has been unlawfully transmitted, it shall inform the reporting Member State as soon as possible, through the exchange of additional information, and within 10 days of obtaining such elements. The latter verifies the communication and, if necessary, corrects or deletes the data in question without delay”.
Therefore, in case Italy is in possession of information that can prove that the alert was introduced by simple mistake or illegally, it can be activated by means of a formal communication addressed directly to the Member State that issued the alert to request its rectification or cancellation.
What happens if the foreign state decides not to respond to Italy’s request to cancel the Schengen alert?
As I told you before, only the State that introduced the Schengen alert can cancel or correct it, so it can also happen that a State has no intention of complying with the request made by Italy.
In the event that it is not possible to reach an agreement between the two States on the rectification or cancellation of the report, then, based on the provisions of art. 49 section 3 of DECISION 2007/533/JHA of the Council of the EU, it has been established that:
«If, within two months, the Member States do not reach an agreement, the Member State that has not raised the alert will refer the matter to the European Data Protection Supervisor, who, together with the national supervisory authorities concerned, will the role of mediator.».
Therefore, it is very important to know that, in case of disagreement between States, the issue regarding the rectification or cancellation of the Schengen SIS II alert can be raised directly by one of the Member States to the European Data Protection Supervisor, who, therefore, can open proceedings between the two states as a mediator.
This is a very important power granted to the Guarantor, since its intervention could be useful in resolving very complex or delicate situations in which one of the Member States does not intend to rectify or cancel the report in violation of the European law.
Who to contact if my name appears in the Schengen Information System SIS II?
My advice is that you contact an International Lawyer, who will be able to assist you both in the request phase for rectification or cancellation of the Schengen alert to the foreign State, and in the subsequent phase related to the requests to be addressed to the competent Ministry.
It is clear that, certainly, the immediate intervention of a Schengen alert cancellation lawyer seems preferable, because he would avoid the risk of being subject to an arbitrary or in any case unfair arrest warrant.
So, in case your name is among those reported in the SIS II system, do not despair and contact us through the communication channels that you will find at the end of this article.
Why contact an expert lawyer to cancel the Schengen alert?
The best defense that we can guarantee you is a result that can only be acquired with experience and in-depth knowledge of legal regulations.
In the case of criminal law, it is important to know the criminal code legislation, international legislation and have experience accumulated over the years.
That is why you must trust an International Lawyer in Italy.
What is our working method?
By contacting Schengen Alert Cancellation Lawyer you can:
- Get an immediate quote without surprises in the future. Each defensive choice will be agreed with you in advance, you will not have unpleasant surprises and you will not have to incur unexpected costs. From the beginning, you will know the costs that you will have to face.
- Always be informed of our professional activity carried out in your exclusive interest. You will be updated step by step on what we are doing and what will happen. We will explain things to you so that you can understand the difficult language of the law.
- We are always by your side and you can always count on us. Our firm is called Criminal Lawyer H24 because we always operate 7 days a week, 24 hours a day, every day at any time of the day or night.
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- European Arrest Warrant: How to serve the sentence in Italy
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- Expulsion in Italy: how to appeal?
- Extradition and European Arrest Warrant (EAW) in Italy
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You can receive assistance or legal advice by contacting the H24 International Lawyer, who will help you with an expert Interpol red notice suspension lawyer.
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