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Supervisory athorities
1. National supervisory authority
Under Article 114 of the Schengen Convention each contracting party designates a supervisory authority responsible in accordance with national law for carrying out independent supervision of the data file of the national section of the SIS and for checking that the processing and use of data entered in the SIS does not violate the rights of the data subject. Information Commissioner is the national supervisory authority in Slovenia.
Any person has the right to ask the supervisory authorities to check data entered in the SIS which concerns them and the use made of such data. That right is governed by the national law of the contracting party to which the request is made; in Slovenia Personal data protection act and Information commissioner act.If the data have been entered by another contracting party, the check is carried out in close coordination with that contracting party's supervisory authority.
2. Joint supervisory authority
A joint supervisory authority, independent body responsible for supervising the technical support function of the SIS, is set up in accordance with Article 115 of the Schengen Convention.
This authority consists of two representatives from each national supervisory authority. Each contracting party has one vote.
Tasks conferred to the joint supervisory authority:
- Supervision of the technical support function of the SIS which is carried out in accordance with the provisions of Schengen Convention, Convention of the Council of Europe of 28 January 1981 for the Protection of Individuals with regard to the automatic processing of personal data, taking into account Recommendation No R (87) 15 of 17 September 1987 of the Committee of Ministers of the Council of Europe regulating the use of personal data in the police sector, and in accordance with the national law of the contracting party responsible for the technical support function (Article 115 (1., 2.) of the Schengen Convention).
- Responsibility for examining any difficulties (also regarding the protection of personal data) of application or interpretation that may arise during the operation of the SIS, for studying any problems that may occur with the exercise of independent supervision by the national supervisory authorities of the contracting parties or in the exercise of the right of access to the system, and for drawing up harmonised proposals for joint solutions to existing problems (Article 115 (3.) of the Schengen Convention).
- Issuing an opinion when the contracting parties are unable to reach agreement on correctness or lawfulness of the disputed personal data in the alert (Article 106 (3.) of the Schengen Convention).
- Is notified about the special measures that each Contracting Party must take to ensure the security of data while they are being communicated to services located outside the territories of the Contracting Parties (Article 118 (2.) of the Schengen Convention).
- Issuing an opinion on difficulties of application or interpretation of Article 126 of the Schengen Convention at the request of the contracting party (Article 126 (3.) (f) of the Schengen Convention);
- Issuing an opinion under the conditions, stipulated in Article 126 of the Schengen Convention, on communication of the data from a non-automated data file and to their inclusion in another non-automated data file (Article 127 (1.) of the Schengen Convention)
Joint Supervisory Authority of Schengen web page:
www.schengen-jsa.dataprotection.org
Activity Report – December 2005 – December 2008