Transparency and proportionality in the Schengen Information System and border control co-operation

Abstract:
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:
Part I: Background to the Research and the Schengen Co-operation
1. Introduction
2. An Overview of the Schengen Co-operation

Part II: Theoretical Framework
3. Human Rights Law and Schengen
4. International Human Rights Information Privacy
5. Data Protection Laws and Schengen
6. Data Protection Principles and Interests

Part III: Information Systems
7. The Schengen Information System and the SIRENE
8. SIS Compliance with Article 8 ECHR and Data Protection Principles
9. A Network of Related Cross-Border Information Systems

Part IV: Border Control Technologies and Policies
10. Border Control and Identification Techniques
11. Border Control Legal Measures and Policies

Part V: Recommendations and Postscript
12. Post-11 September Protection of Individuals