EES GDPR Data Removal

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Overview

EES launched on 12 October 2025 and is expected to be fully operational from 10 April 2026. Carriers are also like to be involved from that date, ETIASEuropean Travel Information and Authorisation System (ETIAS) The European Commission's proposed European Travel Information and Authorisation System (ETIAS) is intended to strengthen security checks on those persons who travel visa-free to the EU, currently nationals from over 60 countries. The largely automated IT system will identify any security or irregular migratory risks posed by visa-exempt visitors travelling to the Schengen area, whilst at the same time facilitating crossing borders for the vast majority of travellers who do not pose such risks. Non-EU nationals who do not need a visa to travel to the Schengen area will have to apply for a travel authorisation through the ETIAS system prior to their trip. As of September 2025, it is planned to go live during the last quarter of 2026 will likely follow in Autumn 2026.

If you are a resident in a Schengen country with an official biometic residence permit and have had your information accidentally recorded in EES, it is important that you request that this information is removed under Art. 17 GDPR.

Failure to do so may cause you future travel issues, including being denied boarding or trouble at immigration.

Generic EES Removal Guidance

If you are forced to register on EES (e.g. via a kiosk) and are a legal resident in a Schengen Member State; you are strongly recommended to ask for this data to be removed to avoid future issues:

  1. Write to the Data Controller of the country responsible for the erroneous EES registration, attaching a copy of your passport and residence permit (front and back).
  2. Please include relevant details such as your name, date of birth, country of residence, date and location of EES registration. The communication should be signed and some countries have specific forms for this (e.g. Switzerland).
  3. Ask for a removal under Article 52 of the EES Regulation (Regulation (EU) 2017/2226) as the EES does not apply to residence permit holders. You can also reference Article 17 of the GDPR Regulation.
  4. Give them 45 days to confirm removal.
  5. If the response is delayed or not satisfactory then complain to the Supervisory Authority of the country responsible.

Contact details of the EES Data protection authorities can be found on the EU Commission EES Travel site (see below)

According to Article 52(1) of the EES Regulation, you can apply via ANY Member State, but you are probably advised to write to the Member State that forced the erroneous registration OR alternatively your Host Member State (ie. the country you are resident in).

You can find Austria’s national Data Protection rules from the BMIBundesministerium für Inneres The Bundesministerium für Inneres (BMI) / Ministry for the Interior (UK counterparty: the Home Office) is competent for public security, policing, border control as well as residency and citizenships. It is also responsible for elections and direct democracy instruments as well as the civil service in the respective provinces, as well as municipal level where they are not covered by the Federal Chancellery. and the BMI Information on EES in the Useful Links section below. BMI and EU Commission rules clearly state residents are exempt from EES.

Austria EES Specific Guidance

The following is guidance received via the British Consular Team in Vienna and is from the Border Police at Vienna:

“If you have rights under the withdrawal agreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020.   If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria.   Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations.   https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration   as an Article 50 card holder, you are not subject to EES requirements and should not be entered into the system. If your details have been entered, you can request deletion from the system according to Art. 17 DSGVO from the responsible Landespolizeidirektion for where your details were entered.

To make this request for Vienna International Airport, Schwechat, please contact Landespolizeidirektion Niederösterreich, or email lpd-n@polizei.gv.at and provide a photocopy of your Article 50 card (front and back) and a copy of your MeldebestätigungMeldezettel Austria requires everyone living in Austria (both Austrians and foreigners) to register their place(s) of residence with the local authorities. The confirmation of this registration is called a Meldebestätigung (EN: confirmation of registration), although it is still affectionately known to many by its former name (the Meldezettel). This is done at your Meldeamt in the Gemeinde or Bezirk you live in. You are required to do your registration within three days of arrival. It is important to do this also because your qualification for permanent residence starts to run from the point of your registration..”

If you are unhappy with the response or the response takes more than 45 days, you can take the issue up with the Austrian Data Protection Authority (DSB) as they are the Supervisory Authority:

Österreichische Datenschutzbehörde
Barichgasse 40-42
1030 Vienna
Austria/Europe

Phone: +43 1 52 152-0
E-Mail: dsb@dsb.gv.at

Templates

We have produced templates in English and German that could potentially be used in Austria:

Useful Links

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