http://www.legislation.gov.uk/id/eur/2018/1862

http://www.legislation.gov.uk/eur/2018/1862/article/62/2020-01-31

Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU

Regulation (EU) 2018/1862 of the European Parliament and of the Council

2020-12-10

King's Printer of Acts of Parliament

https://webarchive.nationalarchives.gov.uk/eu-exit/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02018R1862-20190611

text

text/xml

2019-06-11

Regulation

The Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020

reg. 35(b)

reg. 1

CHAPTER XVGeneral data processing rules

Article 62Additional data for the purpose of dealing with misused identities

1

Where confusion may arise between the person intended to be the subject of an alert and a person whose identity has been misused, the issuing Member State shall, subject to the explicit consent of the person whose identity has been misused, add data relating to the latter to the alert in order to avoid the negative consequences of misidentification. Any person whose identity has been misused shall have the right to withdraw his or her consent regarding the processing of the added personal data.

2

Data relating to a person whose identity has been misused shall be used only for the following purposes:

a

to allow the competent authority to distinguish the person whose identity has been misused from the person intended to be the subject of the alert; and

b

to allow the person whose identity has been misused to prove his or her identity and to establish that his or her identity has been misused.

3

For the purpose of this Article, and subject to the explicit consent of the person whose identity has been misused for each data category, only the following personal data of the person whose identity has been misused may be entered and further processed in SIS:

a

surnames;

b

forenames;

c

names at birth;

d

previously used names and any aliases possibly entered separately;

e

any specific objective and physical characteristic not subject to change;

f

place of birth;

g

date of birth;

h

gender;

i

photographs and facial images;

j

fingerprints, palm prints or both;

k

any nationalities held;

l

the category of the person's identification documents;

m

the country of issue of the person's identification documents;

n

the number(s) of the person's identification documents;

o

the date of issue of a person's identification documents;

p

address of the person;

q

person's father's name;

r

person's mother's name.

4

The Commission shall adopt implementing acts to lay down and develop technical rules necessary for entering and further processing the data referred to in paragraph 3 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

5

The data referred to in paragraph 3 shall be deleted at the same time as the corresponding alert or earlier where the person so requests.

6

Only the authorities having a right of access to the corresponding alert may access the data referred to in paragraph 3. They may do so for the sole purpose of avoiding misidentification.