OpenLegislation

Division 2.4 If the original purpose of the alert is altered (Article 102(3))

United Kingdom

Original text. Later amendments are not shown.

Under Article 102(3), the data may be used for a purpose other than that for which the alert was entered, but only following a hit in order to prevent an imminent serious threat to public order and safety, for serious reasons of State security or for the purposes of preventing a serious criminal offence.

The purpose of the alert may only be altered if prior authorisation has been obtained from the issuing Member State.

If the purpose of the alert is changed, the exchange of information should take place according to the following rules:

  1. (a)

    through its Sirene bureau, the discovering Member State shall explain to the Member State that issued the alert the grounds for its asking for the original objective to be changed (I form);

  2. (b)

    as soon as possible, the issuing Member State shall study whether this wish can be met and advise the discovering Member State, through its Sirene bureau, of its decision;

  3. (c)

    if need be, the Member State that issued the alert can grant authorisation subject to certain conditions on how the data is to be used.

  1. 2.4.1Procedures for changing the original purpose

Notes on Annex 1

Footnotes

f1

This text is identical to the text in the Annex to Decision 2006/758/EC (see page 41 of this Official Journal).