Can Europol data entries be challenged even if the underlying criminal investigation is still active in a member state?

Yes, but with significant procedural constraints. Under Article 36 of Regulation 2016/794, data subjects retain the right to request correction or deletion even during active investigations, but Europol will consult the originating member state before acting. Where the data is demonstrably inaccurate — for example, misidentification or factual errors in personal details — deletion may proceed despite ongoing proceedings. However, where the challenge concerns the legitimacy of the underlying investigation itself, Europol typically defers to the member state’s assessment. Strategic sequencing matters: parallel challenges in the source jurisdiction often strengthen the Europol application.