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What is Customs Information System?
The aim of the Customs Information System is to assist in preventing, investigating and prosecuting serious contraventions of national laws by making information available more rapidly, thereby, increasing the effectiveness of the cooperation and control procedures of the customs administrations of the Member States. The Customs Information System shall consist of a central database facility (CIS EU), accessible through terminals in each Member State. It shall comprise exclusively data necessary to achieve its aim mentioned above.
CIS also includes a special database FIDE (hereinafter Customs files identification database), with reference to Article 41a Council Regulation 515/97 and Article 15 Council Decision 2009/917 JHA. The aim of the Customs files identification database shall be to enable the national atuhorities responsible for carrying out customs investigatios, when opening a file on or investigating one or more persons or businesses, to find out which national authorities of other Member States are investigating or have already investigated these persons or businesses.
Which categories of information are processed in the CIS?
As such, the data entered into the CIS relate to goods, means of transport, businesses and people associated to such breaches. They also relate to trends in fraud, available competencies, goods detained, seized or confiscated and cash detained, seized or confiscated (listed in Article 24 of Regulation 515/97 and in Article 3 of Decision 2009/917/JHA).
The personal data which can be processed in the CIS are listed in Article 25(2) of Regulation 515/97 and in Article 4(2) of Decision 2009/917/JHA.
Rights recognized to individuals whose data are processed in the CIS
Specific attention is paid with relation to ensure and warrant the rights for individuals whose data are being processed in the CIS. The rights of persons with regard to personal data in the CIS are exercised in accordance with the laws, regulation and procedures of the Member State in which such rights are invoked.
Right of access
The right of access is the possibility for anyone who so requests to consult the information relating to him stored in a data file as reffered to in national law. The data subject in the Czech Republic has a right of direct access to his/her data. The data subject should primarily exercise his/her rights in respect of the CIS vis-a-vis the data controller, i.e. the General Direcorate of Customs, through a request which is available in the section FORMS.
The right of access shall be refused by the authority:
1. If it may jeopardize any on-going national investigations, or during the period of discreet surveillance or sighting and reporting activities contrary to the Customs and Agriculture laws.
2. A refusal is necessary to ensure the protection of the Member State, defense and public security.
3. During the period in which personal data of the subject are processed for the purposes of sighting, reporting or discreet surveillance, or when the operational analysis, administrative inquiry or investigation are being processed.
Right for correction or deletion
Any person may, in accordance with the laws, regulations and procedures of each Member State or with the internal rules applicable to the Commission, have personal data relating to himself corrected or deleted by each CIS partner if those data are factually inaccurate, or were included or are stored in the CIS contrary to the aim stated in Article 23(2) of Decision 515/97 or if the principles of Article 26 have not been observed.
Right to file a complaint
Any data subject is entitled to send a written request to the General Directorate of Customs asserting his/her right to information on and deletion or correction of his/her data processed in the CIS. The Office for personal data protection is competent to review personal data processing within the national part of the CIS at the request of data subject in the cases where there is suspicious of an unlawful procedure or where the controller (the General Direcorate of Customs) has not provided a satisfactory response (i.e. complaint form in FORMS).
Any data subject is entitled to send a request to the Office for personal data protection when he/she has a suspicion that access to personal data was inrightfully denied or he/she obtains compensation under Article 40(2) Regulation 515/97.
Any person may bring an action before the court or the authority competent under the law of any member state (Art. 36 (5) Regulation 515/97, Art. 23 Decision 2009/917/JHA) to access correct, delete or obtain information of to obtain compensation in connection with an alert relating to him (Art. 40 (2) Regulation 515/97, Art. 23 Decision 2009/917/JHA).
How to proceed when exercising these rights in the Czech Republic?
The data subject has a right of direct access to his/her data. Any data subject is entitled to send a written request to the General Direcorate of Customs asserting his/her right to information on and deletion or correction of his/her data processed in the CIS. Information about the processing of personal data in the CIS is to be revealed only to the data subject concerned (or his/her representative). The request must contain identification of the applicant – all first name/s, surname, date and place of birth and address. The General Directorate of Customs is obliged to answer within 30 days. Exercise of the right of access is free of charge. For more information, see www.celnisprava.cz.
General Directorate of Customs
140 69 Prague 4
Phone: 00420 261 331 111
Data box ID: 7puaa4c
Because the execution of the rights may differ from state to state the Guide providing complete information is available.
When to contact the Office for Personal Data Protection?
The Office for personal data protection is competent to review personal data processing within the national part of the CIS at the request of data subject in the cases where there is suspicious of an unlawful procedure or where the controller (the General Directorate of Customs) has not provided a satisfactory response. That is why we recommend contacting the Office after the General Directorate of Customs had already been asked for the information. If the data subject contacts the Office first, the request will be forwarded to the controller (General Directorate of Customs).
The Office for Personal Data Protection:
Pplk. Sochora 27
170 00 Prague 7
Phone: 00420 234 665 111
Data box ID: qkbaa2n
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