Digital borders and real rights : effective remedies for third-country nationals in the Schengen Information System / by Evelien Brouwer.

Format:

Book

Author/Creator:

Brouwer, Evelien Renate, 1966-

Series:

Immigration and asylum law and policy in Europe ; v. 15.

Immigration and asylum law and policy in Europe, 1568-2749 ; v. 15

Language:

English

Subjects (All):

Emigration and immigration law--European Union countries--Databases.

Emigration and immigration law.

Emigration and immigration law--European Union countries--Computer network resources.

Noncitizens--Civil rights--European Union countries.

Noncitizens.

Privacy, Right of--European Union countries.

Privacy, Right of.

Asylum, Right of--European Union countries.

Asylum, Right of.

Data protection--Law and legislation--European Union countries.

Data protection.

Freedom of movement--European Union countries.

Freedom of movement.

Physical Description:

1 online resource (596 pages)

Edition:

1st ed.

Place of Publication:

Leiden ; Boston : Martinus Nijhoff Publishers, 2008.

Language Note:

English

Summary:

Since its launch in 1995, the majority of personal data held in the Schengen Information System (SIS) concerns third-country nationals to be refused entry to the Schengen territory. This study reveals why the use of the SIS (and the second generation SIS or SIS II) entails a risk to the protection of human rights such as the right to privacy and the right to data protection, but also the freedom of movement of persons and the principle of non-discrimination. This study describes the implementation of the SIS in respectively France, Germany, and the Netherlands and the available legal remedies in both data protection and immigration law. On the basis of three general principles of European law, minimum standards are developed for effective remedies for individuals registered in the SIS, but also other databases such as Eurodac or the Visa Information System.

Contents:

Introduction

Towards Schengen : the abolition of internal border controls in Europe

The Schengen Information System

New functionalities for SIS and the development of SIS II

Other EU databases used in the field of immigration control : Eurodac and VIS

Data processing and the right to privacy : the importance of Article 8 ECHR

Effective remedies under data protection law

Effective remedies in immigration procedures : ECHR

Effective remedies under EC immigration law

Effective remedies in the EU : a matter of basic principles

France

Germany

The Netherlands

Conclusions.

Notes:

Description based upon print version of record.

Includes bibliographical references (p. [537]-552) and index.

ISBN:

1-282-39804-0

9786612398049

90-474-3278-9

OCLC:

592756319

Publisher Number:

10.1163/ej.9789004165038.i-568 DOI