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Regulation (EC) No 767/2008 CHAPTER IV — RETENTION AND AMENDMENT OF THE DATA

Article 23–Article 25 · 3 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Retention period for data storage

Article 23

1.   Each application file shall be stored in the VIS for a maximum of five years, without prejudice to the deletion referred to in Articles 24 and 25 and to the keeping of records referred to in Article 34. That period shall start: (a) on the expiry date of the visa, if a visa has been issued; (b) on the new expiry date of the visa, if a visa has been extended; (c) on the date of the creation of the application file in the VIS, if the application has been withdrawn, closed or discontinued; (d) on the date of the decision of the visa authority if a visa has been refused, annulled, shortened or revoked. 2.   Upon expiry of the period referred to in paragraph 1, the VIS shall automatically delete the application file and the link(s) to this file as referred to in Article 8(3) and (4).

Amendment of data

Article 24

1.   Only the Member State responsible shall have the right to amend data which it has transmitted to the VIS, by correcting or deleting such data. 2.   If a Member State has evidence to suggest that data processed in the VIS are inaccurate or that data were processed in the VIS contrary to this Regulation, it shall inform the Member State responsible immediately. Such message may be transmitted by the infrastructure of the VIS. 3.   The Member State responsible shall check the data concerned and, if necessary, correct or delete them immediately.

Advance data deletion

Article 25

1.   Where, before expiry of the period referred to in Article 23(1), an applicant has acquired the nationality of a Member State, the application files and the links referred to in Article 8(3) and (4) relating to him or her shall be deleted without delay from the VIS by the Member State which created the respective application file(s) and links. 2.   Each Member State shall inform the Member State(s) responsible without delay if an applicant has acquired its nationality. Such message may be transmitted by the infrastructure of the VIS. 3.   If the refusal of a visa has been annulled by a court or an appeal body, the Member State which refused the visa shall delete the data referred to in Article 12 without delay as soon as the decision to annul the refusal of the visa becomes final.

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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