1. Macedonia-Skopje, 13. May 2011 Security of data and data protection in relation to visa issuance Tanja Slak

2. Position of Information Commissioner The Information Commissioner (IC) is: an autonomous and independent state body; a minor offences authority; an inspection body with regard to PDPA. The ICA also transposes the Directive into Slovenian legal sistem.

3. Position of Information Commissioner The amended Personal Data Protection Act (PDPA) which entered into force on 1 January 2005: Transposed the Directive 95/46/ES of the European Parliament and the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data into national law. The PDPA has foreseen a central national supervision authority for the protection of personal data; the proccess should have started on July 1, 2005, and the central authority was due to start operating by January 1, 2006, at the latest. According to PDPA, the central national authoritiy is an autonomous state body.

4. Personal data protection Protection of personal data in Slovenia is a constitutionally guaranteed right (Art. 38). Protection of personal data guaranteed also by –Convention 108 of the Council of Europe –Directive 95/46 EC – European Union Implementation of this right - Personal data protection act.

5. Schengen and Visa policy -The Schengen acquis also provides a common visa policy, which also means its uniform application. -Rules of visa issuance and visa procedures should be entering the European Union (EU) in accordance with the Schengen acquis standardized in Slovenia.

6. Schengen and Visa policy Slovenia – Schengen acquis / VIS (21th of December 2007) - Visa Code (Official Journal EU L 243, 09/15/2009) Conditions for entry into the Schengen area: -valid travel document -short-stay visa -explained the purpose of travel -sufficient means of subsistence during the intended stay and return to their country -the individual is not signed in the SIS for the purpose of refusing entry and does not constitute a threat to public order or national security of any Schengen Member States.

7. Application for Schengen Visa Visa Code, Article 11 and Annex I The uniform application form (Annex 9) shall be used for the application for visas for stays not exceeding 3 months per 6-month period.Annex 9 BASIC ELEMENTS OF THE VISA APPLICATION-In order for an application to be considered admissible, the following must be fulfilled: a filled in and signed application form, a valid travel document and a photograph must be submitted the visa fee must have been paid where applicable, biometric data must be collected

8. Schengen and visa issuence Embassies and verification of personal data: -MFA information sistem “VIZIS” -SIS (hit/no hit) – MFA has indirect access to SIS - in the case of a hit to the role of the Ministry of Interior, which made ​​ access to the alerts in the SIS and evaluate whether a person poses a migration and / or security risk (individuals by prohibiting the entry-Article 96 of Schengen Conv ​​. can not get a visa) -Automatic verification of visa applications (SIS+national data bases)

9. Inspections in the field of visa issuance -Inspections in the field of visa issuance - activity of national supervisory authority -Inspection policy (plan) should be developed and implemented, including inspections of consulates/embassies aimed on conformity with data protection and data security rules -The national supervisory should check the procedures applied access to SIS

10. Inspections in the field of visa issuance IC-inspections on embassies -Sort of collected personal data -The national supervisory should check the procedures applied access to SIS -Security of personal data: information sistem “VIZIS”, entries in building, offices, computers of emploies etc.

11. Rights of visa applicants -The consulates should provide clear instructions that every applicant has the right to access his/her personal data in the SIS, the right to have the data corrected or deleted and the righr to approach the national supervisory authority -The visa applicant has to be informed about the procedure how to apply his/her right to have the data corrected or deleted -The visa applicant has to be informed that his/her data may be stored in national databases accessible to the relevant authorities in the Member States

12. Rights of visa applicants -Any foreigner should have the possibility to obtain full information how to exercise his/her right with regard to the SIS at a consulate -The national supervisory authority should be involved in providing these information about the rights of visa applicants -Leaflets providing general information how to exercise the rights of the data subject (visa applicant) are available on consultates or on websites in several languages

13. VIS Regulation 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)767/2008 The purpose of the Visa Information System (VIS) is to improve the implementation of the common visa policy, consular cooperation and consultations between the central visa authoritiesVisa Information System To use the trial version VIS – some members are involved in test version

14. Visa Information System facilitating the visa application procedure; preventing ‘visa shopping’; facilitating the fight against fraud; facilitating checks at external border crossing points and in the national territories; assisting in the identification of persons that do not meet the requirements for entering, staying or residing in the national territories