Division 2.5 Processing of data for purpose other than that for which it was entered in the SIS II (Article 46(5) of the SIS II Decision)

The data contained in the SIS II may only be processed for the purposes laid down for each category of alert.

However, if prior authorisation has been obtained from the issuing Member State, the data may be processed for a purpose other than that for which it was entered, in order to prevent an imminent serious threat to public policy and security, for serious reasons of national security or for the purposes of preventing a serious criminal offence.

If a Member State wants to process data in the SIS II for purpose other than that for which it was entered, the exchange of information shall take place according to the following rules:

1. (a)

   through its SIRENE Bureau, the Member State that wants to use data for a different purpose shall explain to the Member State that issued the alert the grounds for having the data processed for another purpose, by using an I form;

2. (b)

   as soon as possible, the issuing Member State shall study whether this wish can be met and inform the other Member State, through its SIRENE Bureau, of its decision;

3. (c)

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

Once the Member State that issued the alert has agreed, the other Member State shall only use the data for the reason it sought and obtained authorisation. It shall take account of any conditions set by the issuing Member State.