Article 38
1. All appropriate technical and organizational measures necessary to maintain security shall be taken: by the Member States and the Commission, each insofar as it concerns them, in respect of the terminals of the CIS located on their respective territories and in the Commission's offices; by the Committee referred to in Article 43 in respect of the CIS and the terminals located on the same premises as the CIS and used for technical purposes and the checks required by paragraph 3. 2. In particular, the Member States, the Commission and the Committee referred to in Article 43 shall take measures: to prevent any unauthorized person from having access to installations used for the processing of data; to prevent data and data media from being read, copied, modified or deleted by unauthorized persons; to prevent the unauthorized entry of data and any unauthorized consultation, modification or deletion of data; to prevent data in the CIS from being accessed by unauthorized persons by means of data-transmission equipment; to guarantee that, with respect to the use of the CIS, authorized persons have right of access only to data for which they have competence; to guarantee that it is possible to check and establish to which authorities data may be transmitted by data-transmission equipment; to guarantee that it is possible to check and establish ex post facto what data have been introduced into the CIS, when and by whom, and to monitor interrogation; to prevent the unauthorized reading, copying, modification or deletion of data during the transmission of data and the transport of data media. 3. In accordance with Article 43, the Committee shall verify that the searches carried out were authorized and were carried out by authorized users. At least 1 % of all searches made shall be verified. A record of such searches and verifications shall be entered into the system and shall be used only for the said verifications. It shall be deleted after six months.
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Source: EUR-Lex (Cellar) · retrieved 2026-11-06 · Text as adopted (Official Journal); later amendments are not incorporated in this text.