INTEROPERABILITY WITHIN EU BORDER CONTROL MECHANISMS: OPPORTUNITY OR THREAT FOR FUNDAMENTAL RIGHTS PROTECTION?
INTEROPERABILITY WITHIN EU BORDER CONTROL MECHANISMS: OPPORTUNITY OR THREAT FOR FUNDAMENTAL RIGHTS PROTECTION?

Summary/Abstract: Security is a key element in the management of the area without internal border control, which can be achieved through the increasing of external border controls, in order to ensure that borders are only crossed by those who are entitled to. For this purpose, EU border control mechanisms have been established, which objective is different according to the reasons for their establishment. The alleged security needs have led to the profiling of numerous reforms of IT systems, which have strengthened the purposes and conditions of access to retained data. Last but not least, the two new Interoperability Regulations – (EU) 2019/817 and 2019/818 - play a fundamental role in the safe management of the European space, allowing different actors, including law enforcement, to refer to the databases of the systems involved. However, little space would seem to be given to the slavish respect for fundamental rights. Almost unconditional access to all databases, involved in the interoperability system, does not guarantee the fulfilment of fundamental rights, such as data protection, the right to privacy and so on. In this scenario, it would seem that security is the only key element in the management of the European area, reducing excessively the guarantees for fundamental rights protection, especially for those who are in a particular vulnerable position such as migrants and refugees.

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