Transparency and proportionality in the Schengen information system and border control co-operation / by Stephen Kabera Karanja.

Format:

Book

Author/Creator:

Karanja, Stephen Kabera.

Series:

Raoul Wallenberg Institute human rights library ; v. 32.

The Raoul Wallenberg Institute human rights library, 1388-3208 ; v. 32

Language:

English

Subjects (All):

Admission of nonimmigrants--European Union countries.

Admission of nonimmigrants.

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

Data protection.

Schengen Agreement (1985 June 14).

Schengen Agreement.

Physical Description:

1 online resource (490 p.)

Place of Publication:

Leiden ; Boston : Martinus Nijhoff Publishers, 2008.

Language Note:

English

Summary:

This volume offers an evaluation of the Schengen Information System and border control co-operation from a transparency and proportionality perspective. It also incorporates a legal descriptive analysis of the co-operation in order to accommodate the changes and developments that occurred during the writing period. The transparency and proportionality perspectives are developed from human rights and data protection criteria. Transparency is understood as knowledge and accessibility to legal information as well as openness and accountability. On the other hand, proportionality is a requirement for guidance, balance and justification as well as a need to avoid excessiveness and arbitrariness in border control work. The final findings reveal that the Schengen co-operation suffers from a deficiency of transparency and proportionality. Consequently, measures are proposed to augment the deficiency. Even as this study was reaching its conclusion, fundamental legislative changes, closely similar to some of the arguments and recommendations projected in this study, took place. The efficacy of these changes is yet to be discerned.

Contents:

Introduction

An overview of the Schengen co-operation

Human rights law and Schengen

International human rights information privacy

Data protection laws and Schengen

Data protection principles and interests

The Schengen information system and the SIRENE

SIS compliance with Article 8 ECHR and data protection principles

A network of related cross-border information systems

Border control and identification techniques

Border control legal measures and policies

Post-11 September protection of individuals.

Notes:

Description based upon print version of record.

Includes bibliographical references (p. [429]-455) and index.

ISBN:

1-282-60317-5

9786612603174

90-474-3154-5

OCLC:

705427762

Publisher Number:

10.1163/ej.9789004162235.i-466 DOI