Private Life and Data Protection within the Area of Freedom, Security, and Justice

Abstract

Within the Area of Freedom, Security and Justice (AFSJ), different mechanisms have been set up to collect, store and exchange personal data for the purpose of law enforcement and border and immigration control. These instruments provide for the exchange of information between judicial and law enforcement authorities, transfer of data to third states, and the setting-up of large-scale databases such as the Schengen Information System, Eurodac, and the Visa Information System. This chapter analyses the use of these databases, the involvement of third parties, and the principle of interoperability from the perspective of the right to privacy and data protection. Focusing on general principles such as purpose limitation, prohibition of automated decision-making, and the right to effective judicial protection, it is argued that a large number of legal rules does not necessarily result in a high level of protection.