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6 Data Protection Principles And Interests

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Chapter Summary

This chapter examines the relationship between data protection principles and interests. The purpose is to combine the two to aid the understanding of the interpretation of data protection laws, and the extent to which data subjects' interests are taken into consideration. The analysis is limited to principles and interests directly relevant to transparency and proportionality issues. From the discussion of transparency in data processing, one could draw up a number of research questions to be used in the evaluation of the Schengen and border control co-operation. The questions will focus on the extent individual interests are taken into consideration in the formulation of the Schengen and border control co-operation policies. The deficiency in data protection principles that could adversely affect transparency and proportionality in data processing is demonstrated. There is a need for expansion of data protection principles and interests to include a new principle and interest requirement on non-discrimination.

Keywords: border control co-operation; data processing; Data Protection; evaluation; Interests; interpretation; Principles; proportionality issues; Schengen; transparency



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