Data protection

LEGISLATION

A. European Union legislation (relevant acquis)

  • Convention implementing the Schengen Agreement - art. 102-118-protection of personal data in the SIS and art. 126 – 130 – personal data protection;
  • Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data - Strasbourg, 28 January 1981;
  • Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data
  • Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector
  • Regulation (EC) No. 45/2001 of The European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data

B. Domestic legislation

  • Law no. 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data
  • Law no. 682/2001 pertaining to the ratification by Romania of the Convention on the protection of individuals with regard to automatic processing of personal data, adopted in Strasbourg on 28 January 1981;
  • Law no. 102/2005 on the setting up, organization and functioning of the National Authority for the Supervision of Personal Data Processing 

Schengen Information System (SIS) represents an electronic data base of police interest which allows to competent authorities of the Member States to cooperate for maintaining the public order and national security on their territory making use of data communicated via this system.

As a preliminary step in the process of implementing SIS II, National IT System of Alerts (NISA) will be set up in Romania containing the alerts of national interest and of Schengen interest entered by the competent national authorities.

NISA allows to the competent national authorities through an automated search procedure in the system to have access to alerts regarding persons or goods, in order to fulfill their specific attributions in the field of state border crossing checks, observing the customs regime, issuing visas and residence permits, as well as other checks and other specific activities carried out by the police staff or by other authorities in order to ensure the public order and national security.

Categories of persons whose data can be entered in SIS

Persons subject to extradition or surrender procedures on basis on a European Arrest Warrant

Foreign (third countries citizens) persons (inadmissible) against whom the measure of forbidden entrance was ordered and aliens against whom the measure of expulsion, return or removal from the Romanian territory was issued

Missiong persons or persons who, in their own protection interest or for preventing threats, must be temporary placed in a safe place upon the request of the competent authority or Court

Persons summoned to appear in front of judicial authorities in the framework of a criminal procedure involving liability for deeds for which the pursuit has been disposed or persons to whom a Court decision must be communicated

Persond subject to the discreet surveillance or to the specific control

Personal data that can be entered in SIS?

surname(s) and forename(s), name at birth and previously used names and any aliases which can be entered separately, specific, objective physical characteristics not subject to change, date and place of birth, citizenship, reasons for alert, authority issuing the alert, decision or order grounding the alert, measures to be taken.

 

 

 

More information about Schengen Information System (SIS) you can find here.


 

 



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