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Home› Justice & Home Affairs› Entry/Exit System (EES) Regulation

Chapter VII · RIGHTS AND SUPERVISION ON DATA PROTECTION › Article 58

Protection of personal data accessed in accordance with Chapter IV

1.   Each Member State shall ensure that the national laws, regulations and administrative provisions adopted pursuant to Directive (EU) 2016/680 are also applicable to the access to the EES by its national authorities in line with Article 1(2) of this Regulation, including in relation to the rights of the persons whose data are so accessed.

2.   The supervisory authority established in accordance with Article 41(1) of Directive (EU) 2016/680 shall monitor the lawfulness of the access to personal data by the Member States in accordance with Chapter IV of this Regulation, including their transmission to and from the EES. Article 55(3) and (4) of this Regulation shall apply accordingly.

3.   The processing of personal data by Europol pursuant to this Regulation shall be carried out in accordance with Regulation (EU) 2016/794 and shall be supervised by the European Data Protection Supervisor.

4.   Personal data accessed in the EES in accordance with Chapter IV shall only be processed for the purposes of the prevention, detection or investigation of the specific case for which the data have been requested by a Member State or by Europol.

5.   The EES Central System, the designated authorities, the central access points and Europol shall keep records of the searches for the purpose of enabling the supervisory authority established in accordance with Article 41(1) of Directive (EU) 2016/680 and the European Data Protection Supervisor to monitor the compliance of data processing with Union and national data protection rules. With the exception of that purpose, personal data, as well as the records of searches, shall be erased from all national and Europol files after 30 days, unless those data and records are required for the purposes of the specific ongoing criminal investigation for which they were requested by a Member State or by Europol.

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