The access to data processed in the VIS in the Republic of Poland

The access to data processed in the VIS in the Republic of Poland

The access of competent authorities to data which is being processed in the VIS is stipulated in the Act on the participation of the Republic of Poland in the Schengen Information System and the Visa Information System (Dz. U. Nr 165, poz. 1170 ze zm). Article 5, Article 6 and Article 7 enumerates national competent authorities which have access to the VIS in Poland. These are i.a.: Border Guard, consulates Head of the Office for Foreigners, courts, prosecutors’ offices, Police Internal Security Agency, Central Anti-Corruption Bureau, consulates.

How long can personal data be kept in the Visa Information System?

Pursuant to Article 23 of the VIS Regulation each application file shall be stored in the VIS for a maximum of five years, without prejudice to the deletion referred to in Articles 24 and 25 and to the keeping of records referred to in Article 34.

That 5-year period shall start: on the expiry date of the visa, if a visa has been issued, on the new expiry date of the visa, if a visa has been extended, on the date of the creation of the application file in the VIS, if the application has been withdrawn, closed or discontinued or on the date of the decision of the visa authority if a visa has been refused, annulled, shortened or revoked. However, if an applicant has acquired the nationality of a Member State, before expiry of that period, the application files and the links relating to him or her shall be deleted without delay from the VIS by the Member State which created the respective application file(s) and links.