EU Regulations 817 and 818 of 2019 establish a framework for the interoperability between six large-scale IT systems in the area of freedom, security and justice. This book analyses the regime on the communication of personal data while providing an exhaustive understanding of interoperability's operational functioning. It suggests how to allign its international projection with the EU's external activity in the data protection field.
Preface
List of Illustrations
Abbreviations
The External Reach of Interoperability in the European Unions Area of
Freedom, Security and Justice An Introduction
1Background
2Objective and Research Questions
3Legal Framework
4Preliminary Remarks
5Previous Studies and Current Situation
6Methodology
7Structure
part 1
1The Elaboration of Data Protection Standards in International Privacy Law
The European Human-Centric Approach to Digital Technology
1Introduction
2The United Nations Delayed, Soft Response to Technology Challenges
3The Right to Respect for Private and Family Life and the Council of
Europes Convention 108
3.1The Scope of Convention 108 and Its Regime on Transborder Data Flows
3.2It is Time to Modernise Convention 108: Convention 108+
4Other Soft, Privacy Law Frameworks: Privacy Interoperability
5Conclusion
2The European Union as a Normative Power in the Field of Personal Data
Protection A New Reading of the European Unions Regime on Personal Data
Transfers
1Introduction
2A Non-European Unions Competence on the Protection of Personal Data
2.1The European Communitys Data Protection Directive
2.2The European Unions Data Protection Framework Decision
3A European Unions Fundamental (Human?) Right to the Protection of
Personal Data
3.1Data Protection as a New Supranational Fundamental Right under Unions
Law
3.2The Codification of Principles and Rights to Protect Personal Data (and
their Limits) in the European Union
4The Provision of a European Unions Competence Based on Article 16(2) of
the tfeu
4.1The Characteristics of the Unions Competence Based on Article 16(2) of
the tfeu
4.2The European Unions External (Implied) Competence Based on Article
16(2) of the tfeu
5Conclusion
3The European Unions Clause on Privacy and Data Protection in
International Agreements Conditioning Personal Data Transfers to the
European Unions Human Rights System
1Introduction
2The European Unions Association Agreements
2.1The European Unions Stabilisation and Association Agreements
2.2The Euro-Mediterranean Association Agreements
2.3Other European Unions Association Agreements
3The European Unions Cooperation Agreements
3.1The European Unions Trade Agreements
3.2Trade and Cooperation Agreements
3.3Partnership and Cooperation Agreements
3.4Cooperation and Development Agreements
3.5Trade, Development, and Cooperation Agreements
3.6Economic Partnership, Political Coordination, and Cooperation
Agreements
4The Clause on Data Protection in the European Unions Freedom, Security
and Justice Agreements
4.1The European Unions Agreements on Migration, Asylum, and Visa
4.2The European Unions Agreements on Police and Judicial Cooperation in
Criminal Matters
5Conclusion
Part 2
4The Processing of Personal Data within the European Unions Large-Scale
it Systems Weighting Data Protection Rights in the Area of Freedom,
Security and Justice
1Introduction
2The Schengen Information System (sis)
2.1From the First to the Second Generation of the sis
2.2A Second Second Generation of the sis
3The European Asylum Dactyloscopy Database (Eurodac)
3.1The 2013 Eurodac Recast Regulation
3.2The 2016 Eurodac Recast Proposal
3.3The 2020 Amended Eurodac Recast Proposal
4The Visa Information System (vis)
4.1The vis Regulation
4.2The vis lea Decision
4.3The vis Revised Regulation
5The Entry/Exit System (ees)
5.1The 2008 Proposals on the ees and the Registered Traveller
Programme
5.2The 2017 Regulation on the Establishment of the ees
6The European Travel Information and Authorisation System (etias)
6.1The Choice of the Correct Legal Basis
6.2The Categories of Personal Data
6.3The Rules on the Protection of Personal Data
6.4The Procedure for Issuing a European Travel Authorisation
7The European Criminal Records Information System for Third-Country
Nationals (ecris-tcn)
7.1The European Information System on Criminal Records (ecris)
7.2The ecris-tcn Regulation
8Conclusion
5The 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
1Introduction
2Historical Background
2.1Interoperability in the Aftermath of 11-S
2.2The Adoption of the Interoperability Package
3The Range of the Interoperability Framework
3.1Interoperability in-between the Schengen Acquis and the Area of
Freedom, Security and Justice
3.2A New it Infrastructure for Large-Scale it Systems: The
Interoperabilitys Components
3.3Interoperabilitys Own Objectives
3.4Measures Supporting Interoperability
4Conclusion
6Global Interoperability for the European Unions Freedom, Security and
Justice Purposes Sharing Personal Data Stored in, Processed, or Accessed by
the Interoperability Components
1Introduction
2Global Interoperability in the Area of Freedom, Security and Justice
3The External Dimension of Large-Scale it Systems
3.1The Communication of Personal Data for Borders, Visas, Asylum, and
Migration Purposes
3.2The Communication of Personal Data for Police and Judicial Cooperation
in Criminal Matters Purposes
4The Processing of Personal Data, Including Its Transfer, by Europol
4.1The Europol Information System
4.2The Transfer of Personal Data through the Europols Operational
Agreements
4.3The Transfer of Personal Data through Adequacy Decisions, International
Agreements, and Administrative Arrangements
4.4The Exchange of Personal Data with Private Parties
5Interoperability with Interpols Databases
5.1Issues Stemming from Interpols Red Notices
5.2Consultation of Interpols Databases
5.3Toward a Cooperation Agreement between the European Union and
Interpol
6Conclusion
Conclusions
References
Index
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.
