Bulk collection of data has over the years challenged the purpose limitation principle in the field of security. In the context of information gathering, processing and sharing, interoperable networks and agencies reveal the inadequacy of this approach but contains the seeds of how the limits can be overcome. Interoperability houses the potential to simplify the...
Inter-legal perspectives on the Public/Private Partnership
In the context of electronic mass surveillance, private actors have gained an intermediate position in-between the state and the individuals, by which they are entitled to negotiate the balance of inter-ests. This prerogative has traditionally belonged to the state, as the only legal body enabled – even through the judicial power – to make a...
Interoperability, Global Security Law and the Politics of Data Formatting
This paper critically examines efforts to make the UN Al-Qaida and ISIL sanctions list interoperable with the Advanced Passenger Information (API) data used by the global aviation industry. The aim of this experiment to control the movements of foreign terrorist fighters. It is part of a panoply of recent UN Security Council (UNSC) measures requiring...
Receive it to believe it? Administrative information-sharing under European constitutional law
In almost every conceivable sector of Europe’s composite administration, information is gathered and passed on between different national authorities amongst themselves, or between national and EU ad-ministration. This is particularly true of Europe’s Area of Freedom, Security and Justice, and of the interoperable information systems that it has put in place. The EU constitutional framing...
The formalization of interoperable networks: constitutionalising information sharing in the AFSJ?
Information sharing has occurred over the years within the AFSJ in the absence of a comprehensive data protection framework; and on the basis of informal agreements between legally and structurally different bodies, equipped with different tasks, often in contrast with the legality principle. This paper investigates whether today, in the design of law enforcement modalities...