Transparency And Proportionality In The Schengen Information System And Border Control Co Operation
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Transparency And Proportionality In The Schengen Information System And Border Control Co Operation
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Author : Stephen Kabera Karanja
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2008
Transparency And Proportionality In The Schengen Information System And Border Control Co Operation written by Stephen Kabera Karanja and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Political Science categories.
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.
Immigration And Privacy In The Law Of The European Union
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Author : Niovi Vavoula
language : en
Publisher: BRILL
Release Date : 2022-09-12
Immigration And Privacy In The Law Of The European Union written by Niovi Vavoula and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-12 with Law categories.
In this book, Niovi Vavoula examines the privacy challenges raised by the establishment, operation and reconfiguration of EU-wide information systems that store personal data, including biometrics, of different categories of third-country nationals that may be used for various immigration related and law enforcement purposes. The monograph analyses both the currently operational databases – Schengen Information System (SIS), Visa Information System (VIS) and Eurodac – and forthcoming systems – Entry/Exit System (EES), European Travel Information and Authorisation Systems (ETIAS) and European Criminal Record Information System for Third-Country Nationals (ECRIS-TCN) – as well as their future interoperability. To assess the compatibility of legal instruments governing information systems and their interoperability with the right to respect for private life, the author calls for the centrality of privacy as the appropriate lens through which instruments involving the processing of personal data should be viewed and offers a typology of privacy standards based on relevant case law by the Strasbourg and Luxemburg Courts. "This is a ground-breaking book, the first comprehensive analysis of the growing interrelationship between immigration law and privacy law. The book is essential reading for academics, policy makers and legal practitioners working in these fields, and will lead in informing the debate on the relationship between security and human rights in Europe. Rigorous and ambitious, the book will become a reference point in the field." Professor Valsamis Mitsilegas, Professor of Criminal Law and Global Security, Queen Mary and Westfield School of Law, London.
Privacy And Data Protection Issues Of Biometric Applications
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Author : Els J. Kindt
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-12-05
Privacy And Data Protection Issues Of Biometric Applications written by Els J. Kindt and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-05 with Law categories.
This book discusses all critical privacy and data protection aspects of biometric systems from a legal perspective. It contains a systematic and complete analysis of the many issues raised by these systems based on examples worldwide and provides several recommendations for a transnational regulatory framework. An appropriate legal framework is in most countries not yet in place. Biometric systems use facial images, fingerprints, iris and/or voice in an automated way to identify or to verify (identity) claims of persons. The treatise which has an interdisciplinary approach starts with explaining the functioning of biometric systems in general terms for non-specialists. It continues with a description of the legal nature of biometric data and makes a comparison with DNA and biological material and the regulation thereof. After describing the risks, the work further reviews the opinions of data protection authorities in relation to biometric systems and current and future (EU) law. A detailed legal comparative analysis is made of the situation in Belgium, France and the Netherlands. The author concludes with an evaluation of the proportionality principle and the application of data protection law to biometric data processing operations, mainly in the private sector. Pleading for more safeguards in legislation, the author makes several suggestions for a regulatory framework aiming at reducing the risks of biometric systems. They include limitations to the collection and storage of biometric data as well as technical measures, which could influence the proportionality of the processing. The text is supported by several figures and tables providing a summary of particular points of the discussion. The book also uses the 2012 biometric vocabulary adopted by ISO and contains an extensive bibliography and literature sources.
The Law Of Inheritance Administration Of Deceased Estates In Malawi
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Author : Lewis Chezan Bande
language : en
Publisher: African Sun Media
Release Date : 2021-06-11
The Law Of Inheritance Administration Of Deceased Estates In Malawi written by Lewis Chezan Bande and has been published by African Sun Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-11 with Law categories.
This book discusses the law of inheritance and administration of deceased estates in Malawi. Its coverage includes basic concepts underlying inheritance; history of law of inheritance in Malawi; Will-making and testate inheritance; intestate inheritance; pension and inheritance of pension benefits and life insurance policies; other forms of inheritance like promissory estoppel, donationes mortis causa, rule in Strong v Bird and mutual Wills; estate duty; grants and personal representatives; and administration of deceased estates. Key statutes discussed include Constitution of Malawi, Deceased Estates (Wills, Inheritance and Protection) Act, Pensions Act, Estate Duty Act and Trustees Act. The book is designed as a reference for judicial officers, legal practitioners, public officers and administrators of deceased estates, law students, policy and legislative makers, pension fund managers, civil society activists (particularly on children and women’s rights) and interested academics.
The Margins Of Discretion In Transnational Administrative Acts
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Author : Kathrin Hamenstädt
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-05-05
The Margins Of Discretion In Transnational Administrative Acts written by Kathrin Hamenstädt and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-05 with Law categories.
This book analyses the expulsion of delinquent foreigners and their exclusion from the territory through a comparative lens. The book begins with a vertical perspective, focusing on the effects of European standards on the law of expulsion and entry bans in Germany and the Netherlands, and the law regulating deportation from the United Kingdom. It explores how these countries use their margin of discretion, granted by European law, to solve the societal, political and legal challenges that are posed by delinquent foreigners. Moreover, it highlights the similarities, convergences and differences between these countries' approaches to the topic. Subsequently, the book adopts a horizontal perspective by focusing on the effects of national decisions on other states, thereby addressing transnational administrative acts. National expulsion decisions and entry bans can be given effect throughout European countries, with the consequence that other states are in principle obliged to enforce them by refusing foreigners access to their territory. This obligation arises despite the fact that expulsion decisions and entry bans are adopted on the basis of diverging national provisions. Even though the margin of discretion of national decision makers has already been limited, the remaining differences call for further recommendations, which are put forward in this book.
Global Data Protection In The Field Of Law Enforcement
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Author : Cristina Blasi Casagran
language : en
Publisher: Routledge
Release Date : 2016-06-10
Global Data Protection In The Field Of Law Enforcement written by Cristina Blasi Casagran and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-10 with Law categories.
This study examines a key aspect of regulatory policy in the field of data protection, namely the frameworks governing the sharing of data for law enforcement purposes, both within the EU and between the EU and the US and other third party countries. The work features a thorough analysis of the main data-sharing instruments that have been used by law enforcement agencies and the intelligence services in the EU and in the US between 2001 to 2015. The study also explores the challenges to data protection which the current frameworks create, and explores the possible responses to those challenges at both EU and global levels. In offering a full overview of the current EU data-sharing instruments and their data protection rules, this book will be of significant benefit to scholars and policymakers working in areas related to privacy, data protection, national security and EU external relations.
Surveillance And Privacy In The Digital Age
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Author : Valsamis Mitsilegas
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-04-22
Surveillance And Privacy In The Digital Age written by Valsamis Mitsilegas and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-22 with Law categories.
What impact has the evolution and proliferation of surveillance in the digital age had on fundamental rights? This important collection offers a critical assessment from a European, transatlantic and global perspective. It tracks four key dimensions: digitalisation, privatisation, de-politicisation/de-legalisation and globalisation. It sets out the legal and policy demands that recourse to 'the digital' has imposed. Exploring the question across key sectors, it looks at privatisation through the prism of those demands on the private sector to co-operate with the state's security needs. It goes on to assess de-politicisation and de-legalisation, reflecting the fact that surveillance is often conducted in secret. Finally, it looks at applicable law in a globalised digital world. The book, with its exploration of cutting-edge issues, makes a significant contribution to our understanding of privacy in this new digital landscape.
Data Protection And Interoperability In Eu External Relations
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Author : Francesca Tassinari
language : en
Publisher: BRILL
Release Date : 2024-10-28
Data Protection And Interoperability In Eu External Relations written by Francesca Tassinari and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-28 with Law categories.
This book assesses whether the implementation of transborder interoperable solutions aligns with the European Union's standards and rules on personal data transfer. It specifically examines the principles and values enshrined in the founding Treaties that steer the EU’s external activities as a global actor. It will help you understand the privacy and data protection standards the EU must uphold when pursuing its objectives of freedom, security, and justice externally. You’ll learn about the limits on the processing of personal data by large-scale IT systems in the area of freedom, security, and justice, and explore the full scope of the 2019 interoperability regulations, n. 817 and 818. Also, the volume offers a series of diagrams, tables, and figures that will make your reading as smooth as possible.
The Digital Empowerment Control Nexus
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Author : Mihaela Nedelcu
language : en
Publisher: Taylor & Francis
Release Date : 2024-11-04
The Digital Empowerment Control Nexus written by Mihaela Nedelcu and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-11-04 with Social Science categories.
This book analyses the diverse and complex interactions between the emancipatory practices of precarious (i.e. forced, vulnerable, undocumented or deported) migrants enabled by information and communication technologies, and the constraints imposed by technological tools used for surveillance and migration control. It explores the digital empowerment-control nexus by articulating the use of digital technologies - whether by migrants themselves, civil society actors or institutions - with their mediating role in the processes of empowerment, surveillance and migration control. Based on original empirical studies, the chapters bring contrasting and complementary insights into the use of digital technologies as agentic and/or surveillance tools in different national and supranational contexts (Turkey, Mexico, the United States, Switzerland, France, Romania, Greece and the European Union) and from different disciplinary perspectives (anthropology, sociology, geography, media studies, law and deportation studies). Using different theoretical lenses, they demonstrate the varying degrees of (dis)entanglement between individual and institutional practices, at micro and macro levels. Helping readers to understand the ambivalent role of digital technologies in (forced) migration processes, The Digital Empowerment-Control Nexus can be used as a resource by students, researchers, practitioners and policymakers interested in digitally mediated migration practices and migration regimes. It was originally published as a special issue of the Journal of Ethnic and Migration Studies.
The Legal Foundations Of Interpol
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Author : Rutsel Silvestre J Martha
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-11-26
The Legal Foundations Of Interpol written by Rutsel Silvestre J Martha and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-26 with Law categories.
Since the publication of the extremely well regarded first edition of this title, the legal regime which forms the basis for INTERPOL has changed significantly due to increasing criticism and calls for reform. This timely new edition provides a complete update to reflect the significant developments within the Organization since 2010. This new edition also examines INTERPOL's internal and external law and situates INTERPOL's assistance to its members in the legal regime of responsibility. It is the first text to undertake this task. It draws on the jurisprudence of the Commission for the Control of INTERPOL's Files and the authors' extensive experience before this body to discuss in great detail how an individual can challenge INTERPOL's interventions (including the issuance of notices) on the basis of the Organization's internal rules. It also meticulously describes the procedures under which INTERPOL members might challenge INTERPOL's interventions and how an individual can hold INTERPOL responsible for breaches of its external law. Retaining the clarity of expression and expert analysis that were hallmarks of the first edition, this book is required reading for practitioners and academics alike. It provides academics with a valuable case study on the creation of an international organisation and the responsibility of international organisations, and it offers practitioners a forensic analysis of how to challenge INTERPOL and its actions.