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Data Protection and Interoperability in EU External Relations
Guaranteeing Global Data Transfers in the Area of Freedom, Security and Justice
Series: - Studies in EU External Relations, Volume: 24
Author:
This book assesses whether the implementation of transborder interoperable solutions aligns with the European Union's standards and rules on personal data transfer. It specifically examines the principles and values enshrined in the founding Treaties that steer the EU’s external activities as a global actor. It will help you understand the privacy and data protection standards the EU must uphold when pursuing its objectives of freedom, security, and justice externally. You’ll learn about the limits on the processing of personal data by large-scale IT systems in the areas of freedom, security, and justice, and explore the full scope of the 2019 interoperability regulations, n. 817 and 818. Also, the volume offers a series of diagrams, tables, and figures that will make your reading as smooth as possible.
Francesca Tassinari>, Ph.D. (2022), is a research fellow at the Public Law Department of the University of the Basque Country (UPV/EHU) working on sensitive and big data from an international law perspective. As a lawyer, she served the Digital Schengen Unit of the European Commission during 2020-2021 and 2022-2023.
Preface
List of Illustrations
Abbreviations
The External Reach of Interoperability in the European Union’s Area of Freedom, Security and Justice An Introduction
1 Background
2 Objective and Research Questions
3 Legal Framework
4 Preliminary Remarks
5 Previous Studies and Current Situation
6 Methodology
7 Structure
part 1
1 The Elaboration of Data Protection Standards in International Privacy Law The European Human-Centric Approach to Digital Technology
1 Introduction
2 The United Nations’ Delayed, Soft Response to Technology Challenges
3 The Right to Respect for Private and Family Life and the Council of Europe’s Convention 108
3.1 The Scope of Convention 108 and Its Regime on Transborder Data Flows
3.2 It is Time to Modernise Convention 108: Convention 108+
4 Other Soft, Privacy Law Frameworks: Privacy Interoperability
5 Conclusion
2 The European Union as a Normative Power in the Field of Personal Data Protection A New Reading of the European Union’s Regime on Personal Data Transfers
1 Introduction
2 A Non-European Union’s Competence on the Protection of Personal Data
2.1 The European Community’s Data Protection Directive
2.2 The European Union’s Data Protection Framework Decision
3 A European Union’s Fundamental (Human?) Right to the Protection of Personal Data
3.1 Data Protection as a New Supranational Fundamental Right under Union’s Law
3.2 The Codification of Principles and Rights to Protect Personal Data (and their Limits) in the European Union
4 The Provision of a European Union’s Competence Based on Article 16(2) of the
tfeu
4.1 The Characteristics of the Union’s Competence Based on Article 16(2) of the
tfeu
4.2 The European Union’s External (Implied) Competence Based on Article 16(2) of the
tfeu
5 Conclusion
3 The European Union’s Clause on Privacy and Data Protection in International Agreements Conditioning Personal Data Transfers to the European Union’s Human Rights System
1 Introduction
2 The European Union’s Association Agreements
2.1 The European Union’s Stabilisation and Association Agreements
2.2 The Euro-Mediterranean Association Agreements
2.3 Other European Union’s Association Agreements
3 The European Union’s Cooperation Agreements
3.1 The European Union’s Trade Agreements
3.2 Trade and Cooperation Agreements
3.3 Partnership and Cooperation Agreements
3.4 Cooperation and Development Agreements
3.5 Trade, Development, and Cooperation Agreements
3.6 Economic Partnership, Political Coordination, and Cooperation Agreements
4 The Clause on Data Protection in the European Union’s Freedom, Security and Justice Agreements
4.1 The European Union’s Agreements on Migration, Asylum, and Visa
4.2 The European Union’s Agreements on Police and Judicial Cooperation in Criminal Matters
5 Conclusion
Part 2
4 The Processing of Personal Data within the European Union’s Large-Scale
it
Systems Weighting Data Protection Rights in the Area of Freedom, Security and Justice
1 Introduction
2 The Schengen Information System (
sis
)
2.1 From the First to the Second Generation of the
sis
2.2 A “Second” Second Generation of the
sis
3 The European Asylum Dactyloscopy Database (Eurodac)
3.1 The 2013 Eurodac Recast Regulation
3.2 The 2016 Eurodac Recast Proposal
3.3 The 2020 Amended Eurodac Recast Proposal
4 The Visa Information System (
vis
)
4.1 The
vis
Regulation
4.2 The
vis lea
Decision
4.3 The
vis
Revised Regulation
5 The Entry/Exit System (
ees
)
5.1 The 2008 Proposals on the
ees
and the Registered Traveller Programme
5.2 The 2017 Regulation on the Establishment of the
ees
6 The European Travel Information and Authorisation System (
etias
)
6.1 The Choice of the Correct Legal Basis
6.2 The Categories of Personal Data
6.3 The Rules on the Protection of Personal Data
6.4 The Procedure for Issuing a European Travel Authorisation
7 The European Criminal Records Information System for Third-Country Nationals (
ecris-tcn
)
7.1 The European Information System on Criminal Records (
ecris
)
7.2 The
ecris-tcn
Regulation
8 Conclusion
5 The Interoperability between Large-Scale
it
Systems in the Area of Freedom, Security and Justice Context, Content, and Purposes of Regulations (EU) 817 and 818 of 2019
1 Introduction
2 Historical Background
2.1 Interoperability in the Aftermath of 11-S
2.2 The Adoption of the Interoperability Package
3 The Range of the Interoperability Framework
3.1 Interoperability in-between the Schengen Acquis and the Area of Freedom, Security and Justice
3.2 A New
it
Infrastructure for Large-Scale
it
Systems: The Interoperability’s Components
3.3 Interoperability’s Own Objectives
3.4 Measures Supporting Interoperability
4 Conclusion
6 Global Interoperability for the European Union’s Freedom, Security and Justice Purposes Sharing Personal Data Stored in, Processed, or Accessed by the Interoperability Components
1 Introduction
2 Global Interoperability in the Area of Freedom, Security and Justice
3 The External Dimension of Large-Scale
it
Systems
3.1 The Communication of Personal Data for Borders, Visas, Asylum, and Migration Purposes
3.2 The Communication of Personal Data for Police and Judicial Cooperation in Criminal Matters Purposes
4 The Processing of Personal Data, Including Its Transfer, by Europol
4.1 The Europol Information System
4.2 The Transfer of Personal Data through the Europol’s Operational Agreements
4.3 The Transfer of Personal Data through Adequacy Decisions, International Agreements, and Administrative Arrangements
4.4 The Exchange of Personal Data with Private Parties
5 Interoperability with Interpol’s Databases
5.1 Issues Stemming from Interpol’s Red Notices
5.2 Consultation of Interpol’s Databases
5.3 Toward a Cooperation Agreement between the European Union and Interpol
6 Conclusion
Conclusions
References
Index
List of Illustrations
Abbreviations
The External Reach of Interoperability in the European Union’s Area of Freedom, Security and Justice An Introduction
1 Background
2 Objective and Research Questions
3 Legal Framework
4 Preliminary Remarks
5 Previous Studies and Current Situation
6 Methodology
7 Structure
part 1
1 The Elaboration of Data Protection Standards in International Privacy Law The European Human-Centric Approach to Digital Technology
1 Introduction
2 The United Nations’ Delayed, Soft Response to Technology Challenges
3 The Right to Respect for Private and Family Life and the Council of Europe’s Convention 108
3.1 The Scope of Convention 108 and Its Regime on Transborder Data Flows
3.2 It is Time to Modernise Convention 108: Convention 108+
4 Other Soft, Privacy Law Frameworks: Privacy Interoperability
5 Conclusion
2 The European Union as a Normative Power in the Field of Personal Data Protection A New Reading of the European Union’s Regime on Personal Data Transfers
1 Introduction
2 A Non-European Union’s Competence on the Protection of Personal Data
2.1 The European Community’s Data Protection Directive
2.2 The European Union’s Data Protection Framework Decision
3 A European Union’s Fundamental (Human?) Right to the Protection of Personal Data
3.1 Data Protection as a New Supranational Fundamental Right under Union’s Law
3.2 The Codification of Principles and Rights to Protect Personal Data (and their Limits) in the European Union
4 The Provision of a European Union’s Competence Based on Article 16(2) of the
4.1 The Characteristics of the Union’s Competence Based on Article 16(2) of the
4.2 The European Union’s External (Implied) Competence Based on Article 16(2) of the
5 Conclusion
3 The European Union’s Clause on Privacy and Data Protection in International Agreements Conditioning Personal Data Transfers to the European Union’s Human Rights System
1 Introduction
2 The European Union’s Association Agreements
2.1 The European Union’s Stabilisation and Association Agreements
2.2 The Euro-Mediterranean Association Agreements
2.3 Other European Union’s Association Agreements
3 The European Union’s Cooperation Agreements
3.1 The European Union’s Trade Agreements
3.2 Trade and Cooperation Agreements
3.3 Partnership and Cooperation Agreements
3.4 Cooperation and Development Agreements
3.5 Trade, Development, and Cooperation Agreements
3.6 Economic Partnership, Political Coordination, and Cooperation Agreements
4 The Clause on Data Protection in the European Union’s Freedom, Security and Justice Agreements
4.1 The European Union’s Agreements on Migration, Asylum, and Visa
4.2 The European Union’s Agreements on Police and Judicial Cooperation in Criminal Matters
5 Conclusion
Part 2
4 The Processing of Personal Data within the European Union’s Large-Scale
1 Introduction
2 The Schengen Information System (
2.1 From the First to the Second Generation of the
2.2 A “Second” Second Generation of the
3 The European Asylum Dactyloscopy Database (Eurodac)
3.1 The 2013 Eurodac Recast Regulation
3.2 The 2016 Eurodac Recast Proposal
3.3 The 2020 Amended Eurodac Recast Proposal
4 The Visa Information System (
4.1 The
4.2 The
4.3 The
5 The Entry/Exit System (
5.1 The 2008 Proposals on the
5.2 The 2017 Regulation on the Establishment of the
6 The European Travel Information and Authorisation System (
6.1 The Choice of the Correct Legal Basis
6.2 The Categories of Personal Data
6.3 The Rules on the Protection of Personal Data
6.4 The Procedure for Issuing a European Travel Authorisation
7 The European Criminal Records Information System for Third-Country Nationals (
7.1 The European Information System on Criminal Records (
7.2 The
8 Conclusion
5 The Interoperability between Large-Scale
1 Introduction
2 Historical Background
2.1 Interoperability in the Aftermath of 11-S
2.2 The Adoption of the Interoperability Package
3 The Range of the Interoperability Framework
3.1 Interoperability in-between the Schengen Acquis and the Area of Freedom, Security and Justice
3.2 A New
3.3 Interoperability’s Own Objectives
3.4 Measures Supporting Interoperability
4 Conclusion
6 Global Interoperability for the European Union’s Freedom, Security and Justice Purposes Sharing Personal Data Stored in, Processed, or Accessed by the Interoperability Components
1 Introduction
2 Global Interoperability in the Area of Freedom, Security and Justice
3 The External Dimension of Large-Scale
3.1 The Communication of Personal Data for Borders, Visas, Asylum, and Migration Purposes
3.2 The Communication of Personal Data for Police and Judicial Cooperation in Criminal Matters Purposes
4 The Processing of Personal Data, Including Its Transfer, by Europol
4.1 The Europol Information System
4.2 The Transfer of Personal Data through the Europol’s Operational Agreements
4.3 The Transfer of Personal Data through Adequacy Decisions, International Agreements, and Administrative Arrangements
4.4 The Exchange of Personal Data with Private Parties
5 Interoperability with Interpol’s Databases
5.1 Issues Stemming from Interpol’s Red Notices
5.2 Consultation of Interpol’s Databases
5.3 Toward a Cooperation Agreement between the European Union and Interpol
6 Conclusion
Conclusions
References
Index
This not-to-be-missed book is for academics, professionals, and practitioners who wish to know the legal concerns raised by the European Union freedom, security and justice interoperability framework.