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5 Data Protection Laws And Schengen

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Chapter Summary

What follows below is a discussion of the main data protection laws at the international level and a brief comment on the national level. The discussion is limited to aspects that deal with data protection in the police and border control co-operation with the Schengen Convention. The focus will be on CoE (Council of Europe Convention) and EU (European Union) instruments which play a bigger role in Schengen co-operation. A movement towards a higher level of protection is apparent from the foregoing discussion. But as long as two levels of protection, one lower and the other higher continue to co-exist side by side, data protection in the police and border control co-operation will remain weak and inadequate. The quest for a binding data protection law in the police sector has not been fulfilled; however, piece meal developments in the area seem to strengthen the need for such an instrument.

Keywords: Council of Europe Convention; Data Protection Laws; European Union instruments European Union instruments; international level; national level; police and border control co-operation; Schengen; Schengen Convention



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