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Schengen
 
 

Data Subjects’ Rights

Since the moment when the Slovak Republic joined the Schengen Information System and also made available all the data kept herein which has been entered by relevant member states and also all the data entered subsequently by the Slovak Republic, and in line with the Article 109 of the Schengen Convention, natural persons have the right to enquire the data about him/her collected in the Schengen Information System. This entitlement is governed by the national law of the Slovak Republic. In its Article 19, the Constitution of the Slovak Republic lays down the right of each person to be protected against unlawful collecting, disclosing or other misuse of the data related to him/her.

The issue of rights of the data subjects is regulated by the Act No. 428/2002 Coll. on Personal Data Protection as amended, and also by the Act No. 171/1993 Coll. on Police Force as amended (hereinafter the "Act on the Police Force"), as processing personal data kept in the police information systems requires a specific legal regulation.

The data subjects is each natural person whose personal data is processed and, in terms of the Article 69c of the Act on Police Force, he/she has the right to enquire at the Ministry of Interior of the Slovak Republic in writing which personal data about him/her is processed. At the same time, the administrator of the Schengen Information System is obliged to provide a free-of-charge response to the data subject within 30 days from the day when the written request was delivered. In terms of the Article 69c of the Act on Police Force, the data subject has also the right to ask for correction or destruction of the personal data processed in the Schengen Information System, if he/she submits a written request for correction or destruction of the data.

If the data subject suspects that his/her personal data is being processed illegally, he/she can, in terms of the Article 20 (6) of the Act on Personal Data Protection, notify directly the Office for Protection of Personal Data of the Slovak Republic which shall verify if the rights of the data subject have been violated by processing the data in the Schengen Information System. The notification procedure is regulated by the Article 45 of the Act on Personal Data Protection.

 
 
 
 
 
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