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8 Sis Compliance With Article 8 Echr And Data Protection Principles

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Chapter Summary

This chapter is devoted to the evaluation of the SIS compliance with Article 8 ECHR and data protection principles. The discussion in the chapter is on the obligations and rights. The conclusions reached are based on the writer's interpretation of the obligations and rights in the Convention. The SIS has a weak compliance with human rights Article 8 ECHR. Recent developments in the integration of the Schengen into the EU legal framework and the abolition of the pillar system by the EU Draft Constitution may pave way for an EC Regulation for the SIS II. Such a Regulation will need to address transparency and proportionality issues raised in this study and in particular the chapter. But as seen with the proposed Visa Information System (VIS) Regulation, attempts to deal with some of the transparency and proportionality issues still fall short of what is suggested in this study.

Keywords: Article 8 ECHR; Data Protection Principles; EU legal framework; evaluation; obligations; proportionality issues; rights; Schengen; SIS Compliance; transparency



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