Digital borders and real rights. Effective remedies for third-country nationals in the Schengen Information System

Abstract:
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:
1. Introduction

Part I: Border Control and Data Surveillance in the EU
2. Towards Schengen: the abolition of internal border controls in Europe
3. The Schengen Information System
4. New functionalities for SIS and the development of SIS II
5. Other EU databases used in the field of immigration control: Eurodac and VIS

Part II: Effective Remedies under European Law
6. Data Processing and the Right to Privacy: The Importance of Article 8 ECHR
7. Effective Remedies under Data Protection Law
8. Effective Remedies in Immigration Procedures: ECHR
9. Effective Remedies under EC Immigration Law
10. Effective Remedies in the EU: A Matter of Basic Principles

Part III: Implementation at the National Level
11. France
12. Germany
13. The Netherlands
14. Conclusions