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

By: Material type: TextSeries: Immigration and asylum law and policy in Europe ; v. 15 | Nijhoff eBook titles 2008 | Immigration and Asylum Law and Policy in Europe ; 15. | Human Rights and Humanitarian Law E-Books Online, Collection 2008, ISBN: 9789004222908Publisher: Boston : Martinus Nijhoff Publishers, 2008Description: 1 online resourceContent type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9789047432784
Subject(s): Additional physical formats: Digital borders and real rightsDDC classification:
  • 342.2408/2 22
LOC classification:
  • KJE6050 .B76 2008
Online resources:
Contents:
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.
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Includes bibliographical references (p. [537]-552) and index.

Preliminary Material -- Contents -- Acknowledgments -- Abbreviations -- Chapter 1. Introduction -- Chapter 2. Towards Schengen: the Abolition of Internal Border Controls in Europe -- Chapter 3. The Schengen Information System -- Chapter 4. New Functionalities for SIS and the Development of SIS II -- Chapter 5. Other EU Databases Used in the Field of Immigration Control: Eurodac and VIS -- Chapter 6. Data Processing and the Right to Privacy: the Importance of Article 8 ECHR -- Chapter 7. Effective Remedies under Data Protection Law -- Chapter 8. Effective Remedies in Immigration Procedures: ECHR -- Chapter 9. Effective Remedies under EC Immigration Law -- Chapter 10. Effective Remedies in the EU: a Matter of Basic Principles -- Chapter 11. France -- Chapter 12. Germany -- Chapter 13. The Netherlands -- Chapter 14. Conclusions -- Bibliography -- Jurisprudence -- Index.

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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.

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