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What is Visa Information System?
Visa Information System (hereby “VIS”) was set up on 8 June 2004 by Council Decision 2004/512/EC establishing the Visa Information System. The aim and functions of the system are defined by Regulation (EC) No 767/2008 of the European parliament and the Council of 9 July 2008, concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visa (hereby “VIS Regulation”).
The VIS should have the purpose of improving the implementation of the common visa policy, consular cooperation and consultation between central visa authorities by facilitating the exchange between Member States of data on applications and on the decision relating thereto, in order to facilitate the visa application procedure, to prevent “visa shopping”, to facilitate the fight against fraud and to facilitate checks at external border crossing points and within the territory of the Member States. The VIS should assist in the identification of any person who may not, or may no longer, fulfil the conditions for entry to, stay or residence on the territory of the Member States. The VIS should also establish the criteria and mechanism for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national and mechanism where visas for stays up to 90 days (so called “Schengen visas”), are requested.
Which categories of information are processed in the VIS?
According to Art 5 of the VIS Regulation only the following categories of data shall be collected in the VIS:
What are the rights of data subject?
Specific attention is paid to ensure and warrant the rights for individuals whose data are being processed in the VIS. It is important to guarantee certain rights of individuals who can exercise these rights in order to actively participate in protection of their rights and, thus, also their privacy. Any person shall have the right to obtain communication of the data relating to him recorded in the VIS and of the Member State, which transmitted them to the VIS. Such access to data may be granted only by the Member State. The Police of the Czech Republic is playing the role of personal data controller.
The right to access
The right to access personal data means to recieve the information from the data controller about the data, which are stored in the VIS. The data subject in the Czech Republic has a right of direct access to his data. The data subject should primarily exercise his rights in respect of the VIS related rights vis-a-vis the data controller, i.e. the Police of the Czech Republic through request form which is available in the section FORMS.
If it emerges that data recorded in the VIS are inaccurate or have been recorded unlawfully, the Member State responsible shall correct or delete the data in accordance with Article 24(3) of Regulation. The Member State responsible shall confirm in writing to person concerned without delay that it has taken action to correct or delete data relating to him.
Right for information
Any person shall have the right to obtain communication of the data relating to him recorded in the VIS and of the Member State which transmitted them to the VIS. Such access to data may be granted only by the Member State that filled data into the system.
Right for correction or deletion
Any person may request that data relating to him which are inaccurate be corrected and that data recorded unlawfully be deleted. The correction or deletion shall be carried out without delay by the Member State responsible. The data subject may use the attached request form in the section FORMS.
Right to file a complaint
The data subject should primarily exercise his rights in respect of the VIS vis-a-vis the data controller, i.e. the Police of the Czech Republic. The Office for Personal Data Protection (hereby “The Office”) is competent to review personal data processing within the national part of the VIS at the request of data subject in the cases where there is suspicious of an unlawful procedure or where the controller did not provide satisfying response to data subject through a request which is available in the section FORMS.
The Office shall assist and advise the person concerned in exercising his right to correct or dele data relating to him. The Office is neither competent to issue short-term or long-term visas nor it can express its opinion on visa policy of the Czech Republic. For any visa information please contact directly the Ministry of Foreign Affairs of the Czech Republic (see the link below):
Any person shall have the right to bring an action or a complaint before the competent authorities or courts of that Member State which refused the right of access to or the right of correction or deletion of data relating to him.
The Member State responsible shall also provide the person concerned with information explaining the steps, which he can take if he does not accept the explanation provided. This shall include information on how to bring an action or a complaint before the competent authorities or courts of the respective Member State and on any assistance, including from The Office.
How to proceed when exercising these rights in the Czech Republic?
The data subject has a right of direct access to his personal data. Any data subject shall primarily send a written request to the Police of the Czech Republic (see the address below):
Police Presidium of the Czech Republic (Policejní Prezidium České republiky)
P. O. Box 62/K-SOU
170 89 Praha 7
Any data subject is entitled to send a written request to the Police of the Czech Republic asserting his right to information on and deletion or correction of his data processed in the VIS. Information about the processing of personal data in the VIS is to be revealed only to the data subject concerned (or his representative). The request form must contain identification of the applicant – all first name/s, surname, date and place of birth, full address and nationality. The data subject shall attach a copy of valid identity document and in the case of representation of the applicant a copy of the legal authorization.
When to contact the Office for Personal Data Protection?
The Office is competent to supervision personal data processing within the national part of the VIS at the request of data subject in the cases there is a suspicion of an unlawful procedure or where the controller (the Police of the Czech Republic) has not provided a satisfactory response. That is why we recommend to contact the Office only after the Police of the Czech Republic had already been asked for the information. If the data subject contacts the Office first, the request will be forwarded to the controller.
The Office for Personal Data Protection:
Pplk. Sochora 27
170 00 Prague 7
Phone: 00420 234 665 111
Data box ID: qkbaa2n
!! The Office brings to attention that it is neither competent for issuing any general statements concerning visa policy of the Czech Republic, nor it can provide any visa applications or appointments. For this purpose, please contact the competent consular or embassy office or Ministry of Foreign Affairs of the Czech Republic.
The Office brings to attention that in exercising any data subject´s rights (access to data, information, correction or deletion of data) with one of the controllers, i.e. the Police of the Czech Republic or the Ministry of Foreign Affairs, the applicant should always clearly state the correct and up-to-date return address. The data controller sends, with regard to protection of your data, written replies by registered post. If you state an incorrect or outdated address, the reply to your request will fail to be delivered. !!
COUNCIL DECISICION of 8 June 2004 establishing the Visa Information System (VIS) (2004/512/EC)
COUNCIL DECISION 2008/633/JHA of 23 June 2008 concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences
REGULATION (EC) No 767/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation)
Act. No. 101/2000 Coll., on the Protection of Personal data
More information about the Visa Information System available on the VIS Supervision Coordination Group official website.
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