Retention period for data storage
1. Each data record shall be stored in the central system for as long as the data related to the convictions of the person concerned are stored in the criminal records.
2. Upon expiry of the retention period referred to in paragraph 1, the central authority of the convicting Member State shall erase the data record, including any fingerprint data or facial images, from the central system. The erasure shall be done automatically, where possible, and in any event no later than one month after the expiry of the retention period.
Modification and erasure of data
1. The Member States may modify or erase the data which they have entered into ECRIS-TCN.
2. Any modification of the information in the criminal records which led to the creation of a data record in accordance with Article 5 shall include identical modification of the information stored in that data record in the central system by the convicting Member State without undue delay.
3. If a convicting Member State has reason to believe that the data it has recorded in the central system are inaccurate or that data were processed in the central system in contravention of this Regulation, it shall:
(a)
immediately launch a procedure for checking the accuracy of the data concerned or the lawfulness of its processing, as appropriate;
(b)
if necessary, rectify the data or erase them from the central system without undue delay.
4. If a Member State other than the convicting Member State which entered the data has reason to believe that data recorded in the central system are inaccurate or that data were processed in the central system in contravention of this Regulation, it shall contact the central authority of the convicting Member State without undue delay.
The convicting Member State shall:
(a)
immediately launch a procedure for checking the accuracy of the data concerned or the lawfulness of its processing, as appropriate;
(b)
if necessary, rectify the data or erase them from the central system without undue delay;
(c)
inform the other Member State that the data have been rectified or erased, or of the reasons why the data have not been rectified or erased, without undue delay.
