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Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation)

article  38

CELEX:  02008R0767-20231227

Right of access to, rectification, completion, erasure of personal data and restriction of processing
1. In order to exercise their rights under Articles 15 to 18 of Regulation (EU) 2016/679, any person shall have the right to obtain communication of the data relating to him or her recorded in the VIS and of the Member State which entered them in the VIS. The Member State that receives the request shall examine and reply to it as soon as possible, and at the latest within one month of receipt of the request.
2. Any person may request that data relating to him or her which are inaccurate be rectified and that data recorded unlawfully be erased. Where the request is addressed to the Member State responsible and where it is found that VIS data are factually inaccurate or have been recorded unlawfully, the Member State responsible shall, in accordance with Article 24(3), rectify or erase those data in the VIS without delay and at the latest within one month of receipt of the request. The Member State responsible shall confirm in writing to the person concerned without delay that it has taken action to rectify or erase data relating to him or her.
Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation)

article  38

CELEX:  02008R0767-20231227

Where the request is addressed to a Member State other than the Member State responsible, the authorities of the Member State to which the request was addressed shall contact the authorities of the Member State responsible within a period of seven days. The Member State responsible shall proceed in accordance with the second subparagraph of this paragraph. The Member State which contacted the authority of the Member State responsible shall inform the person concerned that his or her request was forwarded, to which Member State and about the further procedure.
3. Where the Member State responsible does not agree with the claim that data recorded in the VIS are factually inaccurate or have been recorded unlawfully, it shall without delay adopt an administrative decision explaining in writing to the person concerned why it does not intend to rectify or erase data relating to him or her.
Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation)

article  38

CELEX:  02008R0767-20231227

4. The administrative decision referred to in paragraph 3 shall also provide the person concerned with information explaining the possibility to challenge that decision and, where relevant, information on how to bring an action or a complaint before the competent authorities or courts and information on any assistance available to the person, including from the competent supervisory authorities.
5. Any request made pursuant to paragraph 1 or 2 shall contain the necessary information to identify the person concerned. That information shall be used exclusively to enable the exercise of the rights referred to in paragraph 1 or 2.
6. The Member State responsible shall keep a record in the form of a written document that a request as referred to in paragraph 1 or 2 was made and how it was addressed. It shall make that document available to the competent supervisory authorities without delay and not later than seven days following the decision to rectify or erase the data referred to in the second subparagraph of paragraph 2 or following the administrative decision referred to in paragraph 3.
Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation)

article  38

CELEX:  02008R0767-20231227

7. By way of derogation from paragraphs 1 to 6 of this Article, and only as regards data contained in the reasoned opinions that are recorded in the VIS in accordance with Article 9e(6), Article 9g(6) and Article 22b(14) and (16) as a result of the queries pursuant to Articles 9a and 22b, a Member State shall take a decision not to provide information to the person concerned, in whole or in part, in accordance with national or Union law, to the extent that, and for as long as such a partial or complete restriction constitutes a necessary and proportionate measure in a democratic society with due regard for the fundamental rights and legitimate interests of the person concerned, in order to:
(a) avoid obstructing official or legal inquiries, investigations or procedures;
(b) avoid prejudicing the prevention, detection, investigation or prosecution of criminal offences or the execution of criminal penalties;
(c) protect public security;
(d) protect national security; or (e) protect the rights and freedoms of others.
Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation)

article  38

CELEX:  02008R0767-20231227

In the cases referred to in the first subparagraph, the Member State shall inform the person concerned in writing, without undue delay, of any refusal or restriction of access and of the reasons for the refusal or restriction. Such information may be omitted where its provision would undermine any of the reasons set out in points (a) to (e) of the first subparagraph. The Member State shall inform the person concerned of the possibility of lodging a complaint with a supervisory authority or of seeking a judicial remedy. The Member State shall document the factual or legal reasons on which the decision not to provide information to the person concerned is based. That information shall be made available to the supervisory authorities. For such cases, the person concerned shall also be able to exercise his or her rights through the competent supervisory authorities.