Council Decision 2007/533/JHAShow full title

Article 46 Processing of SIS II data

1. The Member States may process the data referred to in Articles 20, 26, 32, 34, 36 and 38 only for the purposes laid down for each category of alert referred to in those Articles.

2. Data may only be copied for technical purposes, provided that such copying is necessary in order for the authorities referred to in Article 40 to carry out a direct search. The provisions of this Decision shall apply to such copies. Alerts issued by one Member State may not be copied from its N.SIS II into other national data files.

3. Technical copies, as referred to in paragraph 2, which lead to off-line databases may be retained for a period not exceeding 48 hours. That period may be extended in an emergency until the emergency comes to an end.

Member States shall keep an up-to-date inventory of such copies, make this inventory available to their national supervisory authority, and ensure that the provisions of this Decision, in particular those of Article 10, are applied in respect of such copies.

4. Access to data shall only be authorised within the limits of the competence of the national authorities referred to in Article 40 and to duly authorised staff.

5. With regard to the alerts laid down in Articles 26, 32, 34, 36 and 38 of this Decision, any processing of information contained therein for purposes other than those for which it was entered in SIS II must be linked with a specific case and justified by the need to prevent an imminent serious threat to public policy and public security, on serious grounds of national security or for the purposes of preventing a serious criminal offence. Prior authorisation from the Member State issuing the alert must be obtained for this purpose.

6. Data may not be used for administrative purposes.

7. Any use of data which does not comply with paragraphs 1 to 6 shall be considered as misuse under the national law of each Member State.

8. Each Member State shall send to the Management Authority a list of its competent authorities which are authorised to search directly the data contained in SIS II pursuant to this Decision, as well as any changes to the list. The list shall specify, for each authority, which data it may search and for what purposes. The Management Authority shall ensure the annual publication of the list in the Official Journal of the European Union.

9. In so far as European Union law does not lay down specific provisions, the law of each Member State shall apply to data entered in its N.SIS II.