Regulation (EU) 2019/818 of the European Parliament and of the CouncilShow full title

Article 32 U.K. Red link

1. A link between data from two or more EU information systems shall be classified as red in any of the following cases:

(a) the linked data share the same biometric data but have similar or different identity data and the authority responsible for the manual verification of different identities has concluded that the linked data refer to the same person in an unjustified manner;

(b) the linked data have the same, similar or different identity data and the same travel document data, but different biometric data and the authority responsible for the manual verification of different identities has concluded that the linked data refer to two different persons, at least one of whom is using the same travel document in an unjustified manner;

(c) the linked data share the same identity data, but have different biometric data and different or no travel document data and the authority responsible for the manual verification of different identities has concluded that the linked datarefer to two different persons in an unjustified manner;

(d) the linked data have different identity data, but share the same travel document data, at least one of the EU information systems does not contain biometric data on the person concerned and the authority responsible for the manual verification of different identities has concluded that the linked datarefer to the same person in an unjustified manner.

2. Where the CIR or SIS are queried and where a red link exists between data in two or more of the EU information systems, the MID shall indicate the data referred to in Article 34. Follow-up to a red link shall take place in accordance with Union and national law, with any legal consequence for the person concerned being based only on the relevant data on that person. No legal consequence for the person concerned shall derive solely from the existence of a red link.

3. Where a red link is created between data in the EES, VIS, ETIAS, Eurodac or ECRIS-TCN, the individual file stored in the CIR shall be updated in accordance with Article 19(2).

4. Without prejudice to the provisions related to the handling of alerts in SIS contained in Regulations (EU) 2018/1860, (EU) 2018/1861 and (EU) 2018/1862, and without prejudice to limitations necessary to protect security and public order, prevent crime and guarantee that no national investigation will be jeopardised, where a red link is created, the authority responsible for the manual verification of different identities shall inform the person concerned of the presence of multiple unlawful identity data and shall provide the person with the single identification number referred to in Article 34(c) of this Regulation, a reference to the authority responsible for the manual verification of different identities referred to in Article 34(d) of this Regulation and the website address of the web portal established in accordance with Article 49 of this Regulation.

5. The information referred to in paragraph 4 shall be provided in writing by means of a standard form by the authority responsible for the manual verification of different identities. The Commission shall determine the content and presentation of that form by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 70(2).

6. Where a red link is created, the MID shall notify the authorities responsible for the linked data in an automated manner.

7. If a Member State authority or Union agency having access to the CIR or SIS has evidence to suggest that a red link has been incorrectly recorded in the MID or that data were processed in the MID, the CIR or SIS in breach of this Regulation, that authority or agency shall check the relevant data stored in the CIR and SIS and shall:

(a) where the link relates to one of the SIS alerts referred to in Article 29(2), immediately inform the relevant SIRENE Bureau of the Member State that created the SIS alert;.

(b) in all other cases, either rectify or erase the link from the MID immediately.

If a SIRENE Bureau is contacted pursuant to point (a) of the first subparagraph, it shall verify the evidence provided by the Member State authority or the Union agency and where relevant rectify or erase the link from the MID immediately.

The Member State authority obtaining the evidence shall inform the Member State authority responsible for the manual verification of different identities without delay of any relevant rectification or erasure of a red link.