Division 2.8 Misused identity

A misused identity (name, first-name, date of birth) occurs if an offender uses the identity of a real person. This can happen when a document is used to the detriment of the real owner.

The Member State issuing the code 3 in the field of ‘category of identity’ shall send the Q form at the same time as entering/modifying the alert into the SIS.

If the code 3 is found in the field of ‘category of identity’ when the SIS is consulted, the official conducting the check should contact the national Sirene bureau and obtain additional information in order to clarify whether the person being checked is the person sought or the person whose identity is misused.

As soon as it is clear that a person's identity is misused a code 3 shall be set in the alert. The person involved should, according to national procedures, provide the national Sirene bureau of the issuing Member State with the information needed, such as genuine particulars, identity papers details and/or filling out the Q form.

Subject to the condition mentioned below, the photographs and fingerprints of the person whose identity is misused should also be on file at the Sirene bureau of the issuing Member State.

On the Q form, only the Schengen number refers to the data for the person sought by the SIS alert. The information in heading 052 (Date document was issued) is compulsory. Heading 083 (Particular information concerning the alert) should always indicate the contact service, which has further information on the alert.

This information can only be processed with the free and explicit permission of the person whose identity is misused.

Furthermore, on becoming aware that a person alerted in the SIS is misusing someone else's identity, the issuing State shall check whether it is necessary to maintain the misused identity in the SIS alert (to find the person sought).

The data of the person whose identity is misused shall only be available for the purpose of establishing the identity of the person being checked and shall in no way be used for any other purpose. Information on misused identity should be deleted after the deletion of the alert.