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Immigration and Privacy in the Law of the European Union: The Case of Information Systems

Immigration and Privacy in the Law of the European Union: The Case of Information Systems

Author: Niovi Vavoula
Publisher: Brill Nijhoff
ISBN: 9789004356092
Published In: September 2022
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

RM1,536.95

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Description
Contents

Details

In this book, Niovi Vavoula examines the privacy challenges raised by the establishment, operation and reconfiguration of EU-wide information systems that store personal data, including biometrics, of different categories of third-country nationals that may be used for various immigration related and law enforcement purposes. The monograph analyses both the currently operational databases - Schengen Information System (SIS), Visa Information System (VIS) and Eurodac - and forthcoming systems - Entry/Exit System (EES), European Travel Information and Authorisation Systems (ETIAS) and European Criminal Record Information System for Third-Country Nationals (ECRIS-TCN) - as well as their future interoperability. To assess the compatibility of legal instruments governing information systems and their interoperability with the right to respect for private life, the author calls for the centrality of privacy as the appropriate lens through which instruments involving the processing of personal data should be viewed and offers a typology of privacy standards based on relevant case law by the Strasbourg and Luxemburg Courts.

Acknowledgements

List of Illustrations

List of Abbreviations

Introduction

Unravelling Ariadne's Thread Data Processing and Privacy in the EU Legal Order

Introduction

Conceptualising Privacy

The Protection of Privacy under EU Law

Judicial Assessment of Privacy: The Jurisprudence of the ECtHR as a Source of Inspiration

Judicial Assessment of Privacy: The cjeu as the 'Unlikely Hero of Data Privacy in Europe'

Conclusion

The Flexible sis A Reporting System Transformed into an Investigatory Tool

Introduction

Schengen Cooperation in a Nutshell

The First Step: The Establishment of sis

The Second Step: The Reinvigoration of sis in the Aftermath of 9/11

The Third Step: The Second Generation sis (sis ii)

The Fourth Step: The 2018 Revision

The Compatibility of sis with the Right to Respect for Private Life

Conclusion

The Establishment and Reconfiguration of vis Two Decisive Steps towards the Surveillance of Movement of Third-Country Nationals

Introduction

The EU Common Policy on Short-Term (Schengen) Visas: An Outline

vis: A Multifunctional Tool

Upgrading vis

The Revised vis Regulation

The Compatibility of vis with the Right to Respect for Private Life

Conclusion

The Tale of Eurodac - An Ugly Duckling Turning into a Swan?

Introduction

We Need to Talk about Dublin

Eurodac: The 'Truth Serum' of EU Asylum Policy

Law Enforcement Access to Eurodac Data: A Record Breaking Issue

Eurodac Amidst an Identity (and Identification) 'Crisis'?: The Proposal of 2016

Eurodac and the New Pact on Migration and Asylum: The 2020 Proposal

The Compatibility of Eurodac with the Right to Respect for Private Life

Conclusion

Welcome to the Schengen Hotel The Normalisation of Surveillance of Movement via the 'Smart Borders' Package

Introduction

The Setting Up of ees

The 'Smart Borders' Package

The ees Regulation: Putting Lipstick on a Pig?

The Compatibility of ees with the Right to Respect for Private Life: The Mobile Foreigner as a Risky Individual

The Case of rtp - The 'Good', the 'Bad', and the 'Ugly' Travellers

Conclusion

'You (Probably) Are Who I Say You Are' - etias and the Fourfold Paradigm Shift in the Operationalisation of Information Systems

Introduction

Travel Authorisation as a 'Remote Control' Tool: Lessons from Australia, the US and Canada

The Chequered History of etias

The etias Regulation

The Compatibility of etias with the Right to Respect for Private Life: From 'Are You Who You Say You Are?' to 'You (Probably) Are Who I Say You Are'

Conclusion

The Establishment of ecris-tcn Cutting A Gordian Knot or Completing the 'Puzzle' of Information Systems?

Introduction

The Roots of ecris-tcn: On Criminal Records and ecris

Convicted Third-country Nationals: To Centralise ecris or Not to Centralise, That is the Question

The ecris-tcn Regulation

The Transformation of ecris-tcn into an Immigration Control Tool in Support of etias and vis Objectives

The Compatibility of ecris-tcn with the Right to Respect for Private Life: Surveillance of EU Nationals and the Blur between Law Enforcement and Immigration

Conclusion

Compartmentalisation Is Dead! Long Live Interoperability

Introduction

A Tale of Two Regulations: From Silos to the 'Point of No Return'

The Interoperability Regulations Unpacked

The Aftermath: Tying Loose Ends and Expanding the Scope of cir

The Compatibility of Interoperability with the Rights to Respect for Private Life

Interoperability Solutions Looking for Problems?

Interoperability as A Bottomless Barrel

Conclusion

Surveillance of Movement in Three Waves

Robust Privacy Protection for Third-Country Nationals?