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, in particular, 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 the alert into the SIS or modifying it.

If the code 3 is found in the field of ‘category of identity’ when the SIS is consulted, the official conducting the check shall 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.

Supplementary information on the person whose identity is misused may only be processed with his free and explicit consent for all items of information.

The person whose identity is misused shall, subject to his explicit consent and according to national procedures, provide the national SIRENE bureau of the issuing Member State with the information required to avoid the negative consequences of misidentification, such as genuine particulars, details of identity papers and/or by filling out the Q form.

Subject to the condition mentioned below, the photograph and the fingerprints of the person whose identity is misused may also be kept on file at the SIRENE bureau of the issuing Member State.

On the Q form, only the Schengen number refers to the data of the person sought by the SIS alert and all the other information relates to the victim of the misuse of identity. The information in heading 052 (Date document was issued) is compulsory. Heading 083 (Particular information concerning the alert) shall provide, as appropriate, further information on the case of misused identity (for example further distinguishing features) and shall always indicate the contact service which has further information on the alert.

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, including any fingerprints and photographs, 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 shall be deleted during the process of deleting the related alert.