I am aware that a public meeting of the European Union Parliament's committee on citizens' freedom and rights, justice and home affairs took place on 6 October last concerning the development of the Schengen information system, SIS II, and data protection. The Schengen convention provides comprehensive provisions on data protection rights for information contained in the SIS. That includes provision for a joint supervisory authority, JSA, to ensure that these data protection rights are duly implemented and upheld. The JSA is made up of two representatives from the national supervisory authority of each participating state and is responsible for supervising the technical support function of the SIS.
While Ireland does not yet participate in the Schengen information system, it is represented as an observer on the joint supervisory authority by the Office of the Data Protection Commissioner. A new Schengen information system, SIS II, is planned to come into operation by the end of 2006. This system is required to cater for the enlargement of the European Union and to allow for the introduction of some new functions as well as updating the existing information technology platform which is now reaching the end of its life span. The development of SIS II was discussed at the Justice and Home Affairs Council in June of this year and agreement was reached on the broad functional requirements of the new system. These include provisions for the recording of certain biometric data.
Legislative measures will now be required for the purpose of the development of SIS II which will be the subject of further discussion in the Council. There are two further legislative measures required to enhance the Schengen information system before SIS II comes into effect and they have been under discussion in the Council framework. These proposals are to allow access by Europol and Eurojust to relevant SIS data. Transmission of any such data to third countries by Europol or Eurojust would require the consent of the member state concerned and would be subject to oversight by the Europol joint supervisory body for data protection and the Eurojust joint supervisory body for data protection, respectively.
