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Borderlines in Private Law

Edited by: William Day, Julius Grower
Price: £90.00

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Privacy and Border Controls in the Fight against Terrorism: Fundamental Rights Analysis of Passenger Data Sharing

Elif Mendos Kuşkonmaz

ISBN13: 9789004439481
Published: April 2021
Publisher: Brill Nijhoff
Country of Publication: Netherlands
Format: Hardback
Price: £135.00



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This book offers a legal analysis of sharing of passenger data from the EU to the US in light of the EU legal framework protecting individuals’ privacy and personal data. It aims to situate this analysis with respect to the ever-growing policies of Global North countries to introduce pre-screening procedures in border control proceedings for the purpose of the fight against terrorism. By tracing the literature on the (in)securitisation and as such depoliticization of border controls through technology-led interventions, it explores the multiplicity of purposes that passenger data sharing entail and considers the question on the limitability of fundamental rights depending on its purpose.

Subjects:
Data Protection, Immigration, Asylum, Refugee and Nationality Law
Contents:
Introduction
1. Putting PNR Data into Context: Privacy and Personal Data Protection in the EU and in the US
Introduction
1. Mapping Privacy and Protection of Personal Data
2. Privacy and Personal Data Protection Regimes in the EU and in the US
Conclusion
2. Right to Privacy and Right to Protection of Personal Data under the ECHR and the Charter
Introduction
1. Judicial Assessment by the European Court of Human Rights
2. Judicial Assessment of the Court of Justice of the European Union
Conclusion
3. Birth of PNR Data and the EU–US PNR Agreement
Introduction
1. Genesis of PNR Data
2. PNR Data and Counter-Terrorism: The History behind the EU–US PNR Agreement
3. The EU–US PNR Agreement
Conclusion
4. From Theory to Practice: What Is the Added Value of PNR Data?
Introduction
1. The Main Database for PNR Data: Automated Targeting System
2. System under which PNR Data Are Used
3. Expertise of Automated Targeting System Users
Conclusion
5. Evaluation of the EU-US PNR Agreement with the European and EU Legal Framework for Privacy and Personal Data Protection
Introduction
1. Evaluation of the PNR Agreement with the Right to Privacy and Personal Data Protection
2. Justification of the Interference by the PNR Agreement
6. The Border - A Crossroads for Terrorists and Criminals?
Introduction
1. The Border as the Reach of Criminal Jurisdiction
2. The Border as the Making of States and Citizens
Conclusion
Conclusion
1. The EU-US PNR Agreement: The Story of a Cooperation Out of a Conflict of Laws
2. In Search of a Suspicion Requirement
3. Substantive Assessment of the EU-US PNR Agreement
4. Further Questions on the EU-US PNR Agreement as Part of Border Management
Bibliography
Index