What rights do individuals have with regard to the processing of their personal data in the VIS

Individuals, whose data is being processed in the VIS, have the following rights under the VIS Regulation:

  • the right to access data relating to them;
  • the right to correct inaccurate data or delete unlawfully stored data;
  • the right to lodge a complaint with a data protection authority or a court.

Right of access

Each data subject on the basis of art. 38(1) of the VIS Regulation shall have the right of access to data relating to him, recorded in the VIS and of the Member State which transmitted them. Such access to data may be granted only by a Member State

The right to correct or delete data

According to art. 38(2) of the VIS Regulation any person may request that data relating to him which are inaccurate be corrected and that data recorded unlawfully be deleted. The correction and deletion shall be carried out without delay by the Member State responsible, in accordance with its laws, regulations and procedures.

According to art. 38(3) of the VIS Regulation if such request is made to a Member State other than the Member State responsible, the authorities of the Member State with which the request was lodged shall contact the authorities of the Member State responsible within a period of 14 days. The Member State responsible shall check the accuracy of the data and the lawfulness of their processing in the VIS within a period of one month.

The right to make a complaint with the data protection authority or initiate court proceedings

Article 40 of the VIS Regulation in each Member State any person shall have the right to bring an action or a complaint before the competent authorities or courts of that Member State which refused the right of access to or the right of correction or deletion of data relating to him.