The Schengen Information System (SIS): An Invisible Barrier and the Indispensability of Legal Defense

The Schengen Information System (SIS) is the largest and most widely used information-sharing platform for security and border management in Europe, operating as a key compensatory measure for the abolition of internal border controls within the Schengen Area. Far from being just a database, the SIS is a tool for police and judicial cooperation containing alerts about people and objects, aiming to ensure a high level of security within the Free Movement Area.

What is the SIS and what is its impact?

The SIS is a large-scale computer system that allows the competent authorities of Member States (police, border guards, customs, judicial and visa authorities) to enter and consult information in real time. An alert entered by one country becomes immediately available to all others, giving the system a transnational and immediate capacity for action.

The most relevant alerts for foreign citizens are those relating to the refusal of entry and stay in the Schengen Area. Inclusion in the SIS for this purpose automatically prevents the issuance of visas and entry into the territory of Member States, becoming an invisible barrier with drastic consequences for freedom of movement and for the individual's personal and professional life.

Is it possible to reverse a SIS Alert?

Yes, reversing or rectifying a SIS alert is legally possible, being a fundamental right of the data subject, as provided for in the European legal framework (Regulations and Directives governing SIS II and the new SIS). The process is based on three main rights:

Right of Access

The individual has the right to know if their personal data is being processed in the SIS and what that data is.

Right of Rectification

The right to correct inaccurate personal data.

Right to Erasure (Deletion)

The right to request the deletion of personal data that has been illegally entered into the SIS or that is no longer necessary.

Reversing an entry and stay refusal alert usually requires the deletion of the underlying administrative or judicial decision that led to the inclusion in the SIS. For example, if the inclusion resulted from an expulsion order, it is necessary to annul that order for the alert to be removed.

The Critical Importance of Hiring a Lawyer

Managing a SIS alert is a highly technical and complex procedure that requires in-depth knowledge of Administrative Law, Immigration Law, and European Union Data Protection regulations.

Hiring a specialized lawyer is essential for several reasons:

1. Identifying the Origin of the Alert: The lawyer can assist in obtaining the right of access to the data by identifying the Member State that introduced the alert and the exact reason for the inclusion, information that is crucial for outlining the defense strategy.

2. Appeal Strategy: Reversal is not automatic. The lawyer will file the necessary administrative and/or judicial appeals in the Member State responsible for the inclusion, arguing the illegality, disproportionality, or cessation of the legal basis for the alert.

3. Communication with the SIRENE Office: The SIRENE Office (Supplementary Information Request at the National Entry) is the national contact point for SIS management. The lawyer acts as a technical intermediary, ensuring that requests for rectification or deletion are submitted correctly and with justification.

In short, a SIS alert represents a legal obstacle of great magnitude. The intervention of a legal professional is the only effective way to navigate the complexity of the system, ensure due process, and restore the fundamental right to free movement of the individual.

References

[1] European Commission. Schengen Information System (SIS).

[2] Data Protection Authority (DPSA). Schengen Information System (SIS).

[3] National Data Protection Commission (CNPD). Schengen Rights.