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Chapter II · RESPONSIBILITIES OF THE MEMBER STATES › Article 12

Keeping of logs at national level

1.   Member States shall ensure that every access to and all exchanges of personal data within CS-SIS are logged in their N.SIS for the purposes of checking whether the search was lawful, monitoring the lawfulness of data processing, self-monitoring, ensuring the proper functioning of N.SIS, as well as for data integrity and security. This requirement does not apply to the automatic processes referred to in points (a), (b) and (c) of Article 4(6).

2.   The logs shall show, in particular, the history of the alert, the date and time of the data processing activity, the data used to perform a search, a reference to the data processed and the individual and unique user identifiers of both the competent authority and the person processing the data.

3.   By way of derogation from paragraph 2 of this Article, if the search is carried out with dactyloscopic data or a facial image in accordance with Article 33, the logs shall show the type of data used to perform the search instead of the actual data.

4.   The logs shall only be used for the purpose referred to in paragraph 1 and shall be deleted three years after their creation. The logs which include the history of alerts shall be deleted three years after deletion of the alerts.

5.   Logs may be kept for longer than the periods referred to in paragraph 4 if they are required for monitoring procedures that are already underway.

6.   The national competent authorities in charge of checking whether searches are lawful, monitoring the lawfulness of data processing, self-monitoring and ensuring the proper functioning of N.SIS and data integrity and security, shall have access, within the limits of their competence and at their request, to the logs for the purpose of fulfilling their duties.

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