Chapter III, Article 8 · Regulation (EU) 2019/816

Contents

Article 8Retention period for data storage#

1.Each data record shall be stored in the central system and the CIR 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, facial images or flags as referred to in point (c) of Article 5(1), from the central system and the CIR. In cases where the data related to a conviction for a terrorist offence or any other criminal offence as referred to in point (c) of Article 5(1) are erased from the national criminal record, but information on other convictions of the same person is retained, only the flag referred to in point (c) of Article 5(1) shall be removed from the data record. Where possible the erasure shall be done automatically, and in any event no later than one month after the expiry of the retention period.

3.Flags as referred to in point (c) of Article 5(1) shall be erased automatically upon expiry of the retention period referred to in paragraph 1 of this Article or 25 years after the creation of the flag as regards convictions related to terrorist offences or 15 years after the creation of the flag as regards convictions related to other criminal offences, whichever comes first.