How to know if data concerning you are contained in the Schengen database

SCHENGEN INFORMATION SYSTEM (SIS)
THE NEW MECHANISM TO EXERCISE CITIZENS' RIGHTS
UNDER THE 2003 PERSONAL DATA PROTECTION CODE

The Italian data protection authority (Garante per la protezione dei dati personali) is the body in charge of supervising the national section of the Schengen Information System (N.SIS) and checks processing of the personal data stored in the SIS by verifying, either of its own initiative or upon a data subject's request, that the data contained in the system is processed and used by respecting personal rights (see Article 114 of the Convention implementing the Schengen Agreement, and Section 11 of Act no. 388 of September 30, 1993, ratifying said Agreement).
The Personal Data Protection Code (legislative decree no. 196 of June 30, 2003) introduced major innovations as regards the mechanisms for data subjects to exercise their right of access to SIS and other related rights (rectification, integration, erasure of their data).

As of January 1, 2004, the right of access and other related rights may be exercised by applying directly to the Ministry for Home Affairs - Public Security Department, which is the authority that is competent at central level over the national section of the SIS ("direct" access), i.e. no longer exclusively "by the agency" of the Garante ("indirect" access).

Based on the guidance provided by the above Public Security Department, all access and verification requests should be sent to the following address:

Ministero dell' Interno - Ufficio Coordinamento e Pianificazione FF.PP.
Divisione N.SIS
Via Torre di Mezzavia, 9
00173 Roma

If the answer provided to an enquiry is considered to be unsatisfactory, data subjects may lodge a complaint with the Garante per la protezione dei dati personali at the address stated below:

Garante per la protezione dei dati personali
Piazza di Monte Citorio, 121
00186 Roma

In order to expedite the processing of such a complaint, it should be written, if possible, in Italian, English, French or German and undersigned by the data subject concerned, contain a summary description of the grounds on which it is lodged, and be accompanied by a photocopy of a suitable valid ID pertaining to the data subject.

Complaints should be sent preferably by registered mail rather than by fax, in order to ensure that all the documents are fully readable. They must contain appropriate contact details of the complainant, if possible the postal address, in order to facilitate correspondence.

Additional guidance on the right of access to SIS and other rights recognised to citizens as well as on how to exercise these rights in the other Schengen Member States can be found in "A Guide to Exercise Your Rights". Please note, however, that the Guide in its current version still contains a description of the "indirect" access mechanism as regards Italy, i.e. the mechanism whereby access can only be possible "through the office" of the Garante.

The Guide and additional information can be found in the web site of the Schengen Joint Supervisory Authority