Akademia Nauk Stosowanych
im. Alcide De Gasperi
SIS II as a data protection instrument in Schengen
Bydgoska Szkoła Wyższa
In order to effectively fight with security deficit within Schengen and the area of freedom, security and justice without internal borders and where the freedom of movement of persons is applied the adequate informatics system must operate. It should guarantee the freedom of movement of personal data. At times when the personal data from the web is being used notoriously and it is being processed, besides at times of free movement of such a data as an exception for the public security and order institutions in Europe and beyond we have different limits for security. In each case the actions undertaken within the web must be taken into consideration apart from the actions at land, in the air, in the cosmos, at sea as a possible threat to security. The multiscale informatics systems within the area of freedom, security and justice, such as: SIS II, VIS, Eurodac are aiming at facilitating secure and free movement of personal data which is later to be processed by the institutions for the protection of public security and order. The scope of the personal data processed within SIS II is surprisingly brad and it is thought-provoking whether soon it won’t be analyzed by the ECJ. There are two competing tendencies to fight for domination: in public interest and in the individual interest. On one hand we have the public interest-the wellbeing of all of the Union, it’s member states, as well as the EU Citizens as a society and it is a sensation of security. On the other hand we have the individual interest: the right to respect private life and the protection of personal data. Many times the ECJ was dealing with a dilemma who’s interest should prevail. Answering the dilemma, it’s prior adjudication direction in dubio pro integrationem was changed to a new approach. This new tendency equals the public and individual interests or even is of totally opposite profile in dubio pro homine. This article aims to be a thorough analysis of the current situation in which the interests are being weighted: the lawful objectives of the SIS II and the protection of the rights of the individual. Concluding remarks include the perspective for development of the SIS II as in plus value in the EU and Schengen.
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