IP (Slovenia) - 0603-56/2024/6
From GDPRhub
| IP - 0603-56/2024/6 | |
|---|---|
 | |
| Authority: | IP (Slovenia) |
| Jurisdiction: | Slovenia |
| Relevant Law: | Article 17 GDPR |
| Type: | Complaint |
| Outcome: | Upheld |
| Started: | 29.11.2024 |
| Decided: | |
| Published: | 25.01.2025 |
| Fine: | n/a |
| Parties: | Slovenian Police |
| National Case Number/Name: | 0603-56/2024/6 |
| European Case Law Identifier: | n/a |
| Appeal: | n/a |
| Original Language(s): | Slovenian |
| Original Source: | IP (in SL) |
| Initial Contributor: | n/a |
The DPA ordered the police authority to delete from the Schengen Information System an entry and residence ban which had been improperly recorded against a data subject.
English Summary
Facts
The data subject was a third-country national employed in Slovenia under a resident and work permit. In March 2024, he moved to Cyprus where he held a valid residence permit until 2026. After this move, the data subject’s Slovenian employer withdrew their application for renewal of his Slovenian work permit. In response, the Slovenian authorities recorded a removal order and entry ban against the individual in the Schengen Information System (SIS II).
Following an access request, the data subject sought the deletion of this information from the SIS II under Article 17 GDPR, as he had legally left Slovenia and held a residence permit in another EU Member State. The Police (the data controller) refused this request, arguing that the information could only be deleted if he could prove he had left Slovenia within a 10 day period following the issuing the recording of the removal order.
The data subject then complained to the IP (Slovenian DPA), arguing that his request for erasure of the information should have been actioned as he held a residence permit in Cyprus. During the course of the IP’s investigation, the Police argued that as Cyprus was not a Schengen member, they were not obliged under Regulation (EU) 2018/1861 (The Schengen Information Regulation) to consult with Cyprus to verify the data subject’s claims.
Holding
The IP held that the Slovenian Police had misinterpreted their obligations under the consultation procedure under Regulation (EU) 2018/1861. This obligation requires that where an entry ban is issued against a third country national who holds valid residence in another Member State, the imposing country should consult them. If, as was the case here, the third country can confirm the existence of the residence, the entry ban should be removed from the SIS II.
The IP also rejected the Slovenian Police’s argument that Cyprus’ status as a non-Schengen country absolved them of their duty to consult under Regulation (EU) 2018/1861.
Accordingly, the IP found that the Slovenian Police had unlawfully refused the data subject’s request for erasure under Article 17 GDPR. The IP ordered the deletion of the SIS II alert within three days.
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English Machine Translation of the Decision
The decision below is a machine translation of the Slovenian original. Please refer to the Slovenian original for more details.
IP Practice + - In order to make the practice of the Information Commissioner easy and widely accessible, we will publish the following documents from our practice in open format (.odt) on this site. The file packages will be updated on a monthly basis. Inspection procedures 1. Inspection decisions until February 2019 (download, file size: 1.13 MB, publication date: 15.02.2019) March 2019 (download, file size: 0.14 MB, publication date: 12.04.2019) April 2019 (download, file size: 0.72 MB, publication date: 14.05.2019) June 2019 (download, file size: 0.06 MB, publication date: 15.07.2019) July 2019 (download, file size: 0.06 MB, publication date: 14.08.2019) August 2019 (download, file size: 0.07 MB, publication date: 16.09.2019) October 2019 (download, file size: 0.37 MB, publication date: 15.11.2019) December 2019 (download, file size: 0.14 MB, publication date: 15.1.2020) February 2020 (download, file size: 0.06 MB, publication date: 15.3.2020) July 2020 (download, file size: 0.13 MB, publication date: 18.8.2020) August 2020 (download, file size: 0.07 MB, publication date: 15.9.2020) October 2020 (download, file size: 0.15 MB, publication date: 13.11.2020) November 2020 (download, file size: 0.45 MB, publication date: 15.12.2020) December 2020 (download, file size: 0.21 MB, publication date: 15.01.2021) January 2021 (download, file size: 0.07 MB, publication date: 15.02.2021) March 2021 (download, file size: 0.53 MB, publication date: 15.04.2021) April 2021 (download, file size: 0.11 MB, publication date: 14.05.2021) May 2021 (download, file size: 0.90 MB, publication date: 15.06.2021) July 2021 (download, file size: 0.21 MB, publication date: 16.08.2021) August 2021 (download, file size: 0.23 MB, publication date: 15.09.2021) September 2021 (download, file size: 0.09 MB, publication date: 15.10.2021) January 2022 (download, file size: 0.06 MB, publication date: 15.02.2022) March 2022 (download, file size: 0.28 MB, publication date: 15.04.2022) May 2022 (download, file size: 0.7 MB, publication date: 15.06.2022) June 2022 (download, file size: 0.11 MB, publication date: 15.07.2022) October 2022 (download, file size: 0.14 MB, publication date: 14.11.2022) 0613-66/2018/11 — GPS tracking by employer — GDPR 58-2f restriction November 2022 (download, file size: 0.08 MB, publication date: 15.12.2022) January 2023 (download, file size: 0.09 MB, publication date: 15.2.2023) August 2023 (download, file size: 0.19 MB, publication date: 15.9.2023) September 2023 (download, file size: 3.05 MB, publication date: 13.10.2023) October 2023 (download, file size: 1.5 MB, publication date: 15.11.2023) November 2023 (download, file size: 1.24 MB, publication date: 15.12.2023) December 2023 (download, file size: 0.26 MB, publication date: 15.01.2024) January 2024 (download, file size: 0.24 MB, publication date: 15.02.2024) February 2024 (download, file size: 0.43 MB, publication date: 15.03.2024) April 2024 (download, file size: 0.01 MB, publication date: 15.05.2024) May 2024 (download, file size: 0.90 MB, publication date: 14.06.2024) June 2024 (download, file size: 0.32 MB, publication date: 16.07.2024) July 2024 (download, file size: 0.43 MB, publication date: 14.08.2024) October 2024 (download, file size: 0.80 MB, publication date: 15.11.2024) 2. Decisions on the suspension until February 2019 (download, file size: 57.9 MB, publication date: 15.02.2019) February 2019 (download, file size: 1.5 MB, publication date: 15.3.2019) March 2019 (download, file size: 1.2 MB, publication date: 12.04.2019) April 2019 (download, file size: 1.0 MB, publication date: 14.05.2019) May 2019 (download, file size: 0.99 MB, publication date: 13.06.2019) June 2019 (download, file size: 2.68 MB, publication date: 15.07.2019) July 2019 (download, file size: 1.6 MB, publication date: 14.08.2019) August 2019 (download, file size: 3.7 MB, publication date: 16.09.2019) September 2019 (download, file size: 3.39 MB, publication date: 15.10.2019) October 2019 (download, file size: 3.48 MB, publication date: 15.11.2019) November 2019 (download, file size: 1.19 MB, publication date: 16.12.2019) December 2019 (download, file size: 3.68 MB, publication date: 15.1.2020) January 2020 (download, file size: 2.92 MB, publication date: 14.2.2020) February 2020 (download, file size: 2.70 MB, publication date: 15.3.2020) March 2020 (download, file size: 1.10 MB, publication date: 20.5.2020) June 2020 (download, file size: 7.66 MB, publication date: 15.7.2020) July 2020 (download, file size: 3.55 MB, publication date: 18.8.2020) August 2020 (download, file size: 4.25 MB, publication date: 15.9.2020) September 2020 (download, file size: 4.60 MB, publication date: 15.10.2020) October 2020 (download, file size: 3.61 MB, publication date: 13.11.2020) November 2020 (download, file size: 5.7 MB, publication date: 15.12.2020) December 2020 (download, file size: 4.4 MB, publication date: 15.01.2021) January 2021 (download, file size: 4.6 MB, publication date: 15.02.2021) February 2021 (download, file size: 2.3 MB, publication date: 15.03.2021) March 2021 (download, file size: 3.30 MB, publication date: 15.04.2021) April 2021 (download, file size: 2.70 MB, publication date: 14.05.2021) May 2021 (download, file size: 6.23 MB, publication date: 15.06.2021) June 2021 (download, file size: 2.35 MB, publication date: 15.07.2021) July 2021 (download, file size: 1.56 MB, publication date: 16.08.2021) August 2021 (download, file size: 2.28 MB, publication date: 16.09.2021) September 2021 (download, file size: 1.26 MB, publication date: 15.10.2021) October 2021 (download, file size: 2.82 MB, publication date: 15.11.2021) December 2021 (download, file size: 0.08 MB, publication date: 14.01.2022) 3. 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Decisions on misdemeanors until February 2019 (download, file size: 16.2 MB, publication date: 15.02.2019) February 2019 (download, file size: 0.2 MB, publication date: 15.03.2019) March 2019 (download, file size: 0.25 MB, publication date: 12.04.2019) April 2019 (download, file size: 0.37 MB, publication date 14.05.2019) May 2019 (download, file size: 0.75 MB, publication date 13.06.2019) June 2019 (download, file size: 0.26 MB, publication date 15.07.2019) July 2019 (download, file size: 1.6 MB, publication date 14.08.2019) August 2019 (download, file size: 0.14 MB, publication date 16.09.2019) September 2019 (download, file size: 1.10 MB, publication date: 15.10.2019) October 2019 (download, file size: 0.92 MB, publication date: 15.11.2019) December 2019 (download, file size: 0.06 MB, publication date: 15.1.2020) January 2020 (download, file size: 0.18 MB, publication date: 14.2.2020) February 2020 (download, file size: 0.43 MB, publication date: 15.3.2020) March 2020 (download, file size: 1.35 MB, publication date: 20.5.2020) June 2020 (download, file size: 0.19 MB, publication date 15.7.2020) July 2020 (download, file size: 0.70 MB, publication date 18.8.2020) August 2020 (download, file size: 0.57 MB, publication date: 15.9.2020) September 2020 (download, file size: 0.18 MB, publication date: 15.10.2020) October 2020 (download, file size: 0.19 MB, publication date: 13.11.2020) November 2020 (download, file size: 0.82 MB, publication date: 15.12.2020) December 2020 (download, file size: 0.19 MB, publication date: 15.01.2021) January 2021 (download, file size: 0.2 MB, publication date: 15.02.2021) March 2021 (download, file size: 0.05 MB, publication date: 15.04.2021) April 2021 (download, file size: 0.28 MB, publication date: 14.05.2021) June 2021 (download, file size: 0.61 MB, publication date: 15.07.2021) July 2021 (download, file size: 0.16 MB, publication date: 16.08.2021) August 2021 (download, file size: 0.15 MB, publication date: 15.09.2021) September 2021 (download, file size: 0.35 MB, publication date: 15.10.2021) October 2021 (download, file size: 0.36 MB, publication date: 15.11.2021) November 2021 (download, file size: 0.26 MB, publication date: 15.12.2021) December 2021 (download, file size: 0.63 MB, publication date: 14.01.2022) January 2022 (download, file size: 0.06 MB, publication date: 15.02.2022) February 2022 (download, file size: 0.29 MB, publication date: 16.03.2022) March 2022 (download, file size: 0.97 MB, publication date: 15.04.2022) April 2022 (download, file size: 0.68 MB, publication date: 15.05.2022) May 2022 (download, file size: 0.45 MB, publication date: 15.06.2022) June 2022 (download, file size: 0.94 MB, publication date: 15.07.2022) August 2022 (download, file size: 0.13 MB, publication date: 15.09.2022) September 2022 (download, file size: 0.33 MB, publication date: 15.10.2022) October 2022 (download, file size: 0.71 MB, publication date: 14.11.2022) November 2022 (download, file size: 0.48 MB, publication date: 15.12.2022) December 2022 (download, file size: 0.25 MB, publication date: 16.01.2023) January 2023 (download, file size: 0.57 MB, publication date: 15.02.2023) February 2023 (download, file size: 0.17 MB, publication date: 15.03.2023) March 2023 (download, file size: 0.26 MB, publication date: 14.04.2023) April 2023 (download, file size: 0.10 MB, publication date: 15.05.2023) May 2023 (download, file size: 0.70 MB, publication date: 15.06.2023) June 2023 (download, file size: 0.40 MB, publication date: 14.07.2023) August 2023 (download, file size: 0.16 MB, publication date: 15.09.2023) September 2023 (download, file size: 0.17 MB, publication date: 15.10.2023) October 2023 (download, file size: 0.80 MB, publication date: 15.11.2023) November 2023 (download, file size: 0.16 MB, publication date: 15.12.2023) December 2023 (download, file size: 0.27 MB, publication date: 15.01.2024) January 2024 (download, file size: 0.68 MB, publication date: 15.02.2024) March 2024 (download, file size: 0.17 MB, publication date: 15.04.2024) April 2024 (download, file size: 0.34 MB, publication date: 15.05.2024) May 2024 (download, file size: 0.15 MB, publication date: 14.06.2024) June 2024 (download, file size: 0.28 MB, publication date: 16.07.2024) September 2024 (download, file size: 0.14 MB, publication date: 16.10.2024) October 2024 (download, file size: 0.30 MB, publication date: 15.11.2024) January 2025 (download, file size: 0.08 MB, publication date: 14.1.2025) 2. 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