Division 2.4 If the original purpose of the alert is altered (Article 102(3))
United Kingdom
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 national 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 shall take place according to the following rules:
- (a)
through its SIRENE bureau, the discovering Member State shall explain to the Member State that issued the alert the grounds for asking for the original objective to be changed (I form);
- (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;
- (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.
Once the Member State that issued the alert has agreed, the discovering Member State shall use the data for the reason it sought and obtained authorisation. It shall take account of any conditions set.