[eu]cite

Home› Justice & Home Affairs› ETIAS Regulation

Chapter X · PROCEDURE AND CONDITIONS FOR ACCESS TO THE ETIAS CENTRAL SYSTEM FOR LAW ENFORCEMENT PURPOSES › Article 52

Conditions for access to data recorded in the ETIAS Central System by designated authorities of Member States

1.  

Designated authorities may request consultation of data stored in the ETIAS Central System if all the following conditions are met:

(a) 

access for consultation is necessary for the purposes of the prevention, detection or investigation of a terrorist offence or another serious criminal offence;

(b) 

access for consultation is necessary and proportionate in a specific case; and

(c) 

evidence or reasonable grounds exist to consider that the consultation of data stored in the ETIAS Central System will contribute to the prevention, detection or investigation of any of the criminal offences in question, in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category of traveller covered by this Regulation.

1a.   In cases where the designated authorities have launched a query of the CIR in accordance with Article 22 of Regulation (EU) 2019/817, they may access the application files stored in the ETIAS Central System in accordance with this Article for consultation where the reply received as referred to in Article 22(2) of Regulation (EU) 2019/817 reveals that data are stored in the application files stored in the ETIAS Central System.

2.  

Consultation of the ETIAS Central System shall be limited to searching with one or several of the following items of data recorded in the application file:

(a) 

surname (family name) and, if available, first name(s) (given names);

(b) 

other names (alias(es), artistic name(s), usual name(s));

(c) 

number of the travel document;

(d) 

home address;

(e) 

email address;

(f) 

phone numbers;

(g) 

IP address.

3.  

Consultation of the ETIAS Central System with the data listed under paragraph 2 may be combined with the following data in the application file to narrow down the search:

(a) 

nationality or nationalities;

(b) 

sex;

(c) 

date of birth or age range.

4.   Consultation of the ETIAS Central System shall, in the event of a hit with data recorded in an application file, give access to the data referred to in points (a) to (g) and (j) to (m) of Article 17(2) which are recorded in that application file as well as to data entered in that application file in respect of the issue, refusal, annulment or revocation of a travel authorisation in accordance with Articles 39 and 43. Access to the data referred to in point (i) of Article 17(2) and points (a) to (c) of Article 17(4) recorded in the application file shall only be given if consultation of that data was explicitly requested by an operating unit in a reasoned electronic or written request submitted under Article 51(1) and that request has been independently verified and approved by the central access point. Consultation of the ETIAS Central System shall not give access to the data concerning education referred to in point (h) of Article 17(2).

←→ also move between articles