Immigration and Privacy in the Law of the European Union

The Case of Information Systems

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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.
"This is a ground-breaking book, the first comprehensive analysis of the growing interrelationship between immigration law and privacy law. The book is essential reading for academics, policy makers and legal practitioners working in these fields, and will lead in informing the debate on the relationship between security and human rights in Europe. Rigorous and ambitious, the book will become a reference point in the field."
Professor Valsamis Mitsilegas, Professor of Criminal Law and Global Security, Queen Mary and Westfield School of Law, London.

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Niovi Vavoula, Ph.D. (2017) is Lecturer (Assistant Professor) in Migration and Security at the School of Law of Queen Mary University of London. She publishes in the fields of EU Immigration law, EU Criminal law and Privacy and Data Protection Law.
"This is a ground-breaking book, the first comprehensive analysis of the growing interrelationship between immigration law and privacy law. The book is essential reading for academics, policy makers and legal practitioners working in these fields, and will lead in informing the debate on the relationship between security and human rights in Europe. Rigorous and ambitious, the book will become a reference point in the field."
Professor Valsamis Mitsilegas, Professor of Criminal Law and Global Security, Queen Mary and Westfield School of Law, London.
Acknowledgements

List of Illustrations

List of Abbreviations

Introduction

1Unravelling Ariadne’s Thread Data Processing and Privacy in the EU Legal Order
 1 Introduction

 2 Conceptualising Privacy

 3 The Protection of Privacy under EU Law

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

 5 Judicial Assessment of Privacy: The cjeu as the ‘Unlikely Hero of Data Privacy in Europe’

 6 Conclusion


2The Flexible sis A Reporting System Transformed into an Investigatory Tool
 1 Introduction

 2 Schengen Cooperation in a Nutshell

 3 The First Step: The Establishment of sis

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

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

 6 The Fourth Step: The 2018 Revision

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

 8 Conclusion


3The Establishment and Reconfiguration of vis Two Decisive Steps towards the Surveillance of Movement of Third-Country Nationals
 1 Introduction

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

 3 vis: A Multifunctional Tool

 4 Upgrading vis

 5 The Revised vis Regulation

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

 7 Conclusion


4The Tale of Eurodac – An Ugly Duckling Turning into a Swan?
 1 Introduction

 2 We Need to Talk about Dublin

 3 Eurodac: The ‘Truth Serum’ of EU Asylum Policy

 4 Law Enforcement Access to Eurodac Data: A Record Breaking Issue

 5 Eurodac Amidst an Identity (and Identification) ‘Crisis’?: The Proposal of 2016

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

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

 8 Conclusion


5Welcome to the Schengen Hotel The Normalisation of Surveillance of Movement via the ‘Smart Borders’ Package
 1 Introduction

 2 The Setting Up of ees

 3 The ‘Smart Borders’ Package

 4 The ees Regulation: Putting Lipstick on a Pig?

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

 6 The Case of rtp – The ‘Good’, the ‘Bad’, and the ‘Ugly’ Travellers

 7 Conclusion


6‘You (Probably) Are Who I Say You Are’ – etias and the Fourfold Paradigm Shift in the Operationalisation of Information Systems
 1 Introduction

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

 3 The Chequered History of etias

 4 The etias Regulation

 5 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’

 6 Conclusion


7The Establishment of ecris-tcn Cutting A Gordian Knot or Completing the ‘Puzzle’ of Information Systems?
 1 Introduction

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

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

 4 The ecris-tcn Regulation

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

 6 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

 7 Conclusion


8Compartmentalisation Is Dead! Long Live Interoperability
 1 Introduction

 2 A Tale of Two Regulations: From Silos to the ‘Point of No Return’

 3 The Interoperability Regulations Unpacked

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

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

 6 Interoperability Solutions Looking for Problems?

 7 Interoperability as A Bottomless Barrel

 8 Conclusion


Conclusion
 1 Surveillance of Movement in Three Waves

 2 Robust Privacy Protection for Third-Country Nationals?

 3 Bringing Information Systems Together

 4 The Shape of Things to Come


References

Index

All interested in the digitalisation of migration control in the EU and more generally in EU Immigration law, as well as scholars interested in IT law, privacy and data protection.
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