{"title":"作为监控和数据共享中心的 Frontex:数据保护和隐私权面临的挑战","authors":"Shrutika Gandhi","doi":"10.1016/j.clsr.2024.105963","DOIUrl":null,"url":null,"abstract":"<div><p>The European Border and Coast Guard Agency, more commonly known as Frontex, was established in 2004 with “a view to improving the integrated management of the external borders of the Member States of the European Union.” It was tasked with the responsibility of providing technical support and expertise to Member States in the management of borders. Over the years its mandate has increased considerably through amendments to its legislative framework. This expansion has taken place against a background of serious allegations concerning Frontex's role in violating the fundamental rights of asylum seekers through its involvement in pushback operations – the practice of stopping asylum-seekers and migrants in need of protection at or before they reach the European Union's external border. While Frontex's complicity in pushbacks has been widely examined by academics, its transformation into a major surveillance and data processing hub and its compliance (or lack thereof) with the fundamental rights to privacy and protection of personal data have received limited academic attention.</p><p>This paper traces the evolution of Frontex over the years and fundamental rights implications of the transformation of its role.</p></div>","PeriodicalId":51516,"journal":{"name":"Computer Law & Security Review","volume":"53 ","pages":"Article 105963"},"PeriodicalIF":3.3000,"publicationDate":"2024-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S026736492400030X/pdfft?md5=1c2063f3c9cfafdaeeb363ab99eb114b&pid=1-s2.0-S026736492400030X-main.pdf","citationCount":"0","resultStr":"{\"title\":\"Frontex as a hub for surveillance and data sharing: Challenges for data protection and privacy rights\",\"authors\":\"Shrutika Gandhi\",\"doi\":\"10.1016/j.clsr.2024.105963\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<div><p>The European Border and Coast Guard Agency, more commonly known as Frontex, was established in 2004 with “a view to improving the integrated management of the external borders of the Member States of the European Union.” It was tasked with the responsibility of providing technical support and expertise to Member States in the management of borders. Over the years its mandate has increased considerably through amendments to its legislative framework. This expansion has taken place against a background of serious allegations concerning Frontex's role in violating the fundamental rights of asylum seekers through its involvement in pushback operations – the practice of stopping asylum-seekers and migrants in need of protection at or before they reach the European Union's external border. While Frontex's complicity in pushbacks has been widely examined by academics, its transformation into a major surveillance and data processing hub and its compliance (or lack thereof) with the fundamental rights to privacy and protection of personal data have received limited academic attention.</p><p>This paper traces the evolution of Frontex over the years and fundamental rights implications of the transformation of its role.</p></div>\",\"PeriodicalId\":51516,\"journal\":{\"name\":\"Computer Law & Security Review\",\"volume\":\"53 \",\"pages\":\"Article 105963\"},\"PeriodicalIF\":3.3000,\"publicationDate\":\"2024-04-12\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://www.sciencedirect.com/science/article/pii/S026736492400030X/pdfft?md5=1c2063f3c9cfafdaeeb363ab99eb114b&pid=1-s2.0-S026736492400030X-main.pdf\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Computer Law & Security Review\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://www.sciencedirect.com/science/article/pii/S026736492400030X\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Computer Law & Security Review","FirstCategoryId":"90","ListUrlMain":"https://www.sciencedirect.com/science/article/pii/S026736492400030X","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
Frontex as a hub for surveillance and data sharing: Challenges for data protection and privacy rights
The European Border and Coast Guard Agency, more commonly known as Frontex, was established in 2004 with “a view to improving the integrated management of the external borders of the Member States of the European Union.” It was tasked with the responsibility of providing technical support and expertise to Member States in the management of borders. Over the years its mandate has increased considerably through amendments to its legislative framework. This expansion has taken place against a background of serious allegations concerning Frontex's role in violating the fundamental rights of asylum seekers through its involvement in pushback operations – the practice of stopping asylum-seekers and migrants in need of protection at or before they reach the European Union's external border. While Frontex's complicity in pushbacks has been widely examined by academics, its transformation into a major surveillance and data processing hub and its compliance (or lack thereof) with the fundamental rights to privacy and protection of personal data have received limited academic attention.
This paper traces the evolution of Frontex over the years and fundamental rights implications of the transformation of its role.
期刊介绍:
CLSR publishes refereed academic and practitioner papers on topics such as Web 2.0, IT security, Identity management, ID cards, RFID, interference with privacy, Internet law, telecoms regulation, online broadcasting, intellectual property, software law, e-commerce, outsourcing, data protection, EU policy, freedom of information, computer security and many other topics. In addition it provides a regular update on European Union developments, national news from more than 20 jurisdictions in both Europe and the Pacific Rim. It is looking for papers within the subject area that display good quality legal analysis and new lines of legal thought or policy development that go beyond mere description of the subject area, however accurate that may be.