Privacy And Border Controls In The Fight Against Terrorism

This book offers a legal analysis of sharing of passenger data from the EU to the US in light of the EU legal framework protecting individuals’ privacy and personal data.

This book offers the first comprehensive and critical investigation of the specific modes of risk calculation that are emerging in the so-called War on Terror. Risk and the War on Terror offers an interdisciplinary set of contributions which debate and analyze both the empirical manifestations of risk in the War on Terror and their theoretical implications. From border controls and biometrics to financial targeting and policing practice, the imperative to deploy public and private data in order to 'connect the dots' of terrorism risk raises important questions for social scientists and practitioners alike. How are risk technologies redeployed from commercial, environmental and policing domains to the domain of the War on Terror? How can the invocation of risk in the War on Terror be understood conceptually? Do these moves embody transformations from sovereignty to governmentality; from discipline to risk; from geopolitics to biopolitics? What are the implications of such moves for the populations that come to be designated as 'risky' or 'at risk'? Where are the gaps, ambiguities and potential resistances to these practices? In contrast with previous historical moments of risk measurement, governing by risk in the War on Terror has taken on a distinctive orientation to an uncertain future. This book will be of strong interest to students and researchers of international studies, political science, geography, legal studies, criminology and sociology.

In recent years, many breaches of immigration law have been criminalised. Foreign nationals are now routinely identified in court and in prison as subjects for deportation. Police at the border and within the territory refer foreign suspects to immigration authorities for expulsion. Within the immigration system, new institutions and practices rely on criminal justice logic and methods. In these examples, it is not the state that controls the national border: instead, it is often privately contracted companies. This collection of essays explores the growing use of the private sector and private actors in border control and its implications for our understanding of state sovereignty and citizenship. Privatising Border Control is an important empirical and theoretical contribution to the growing, interdisciplinary body of scholarship on border control. It also contributes to the academic inquiry into the growing privatisation of policing and punishment. These domains, once regarded as central to the state's police power and its monopoly on violence, are increasingly outsourced to private providers. With contributions from scholars across a range of jurisdictions and disciplines, including Criminology, Law, and Political Science, Privatising Border Control provides a novel and comparative account of contemporary border control policy and practice. This is a must-read for academics, practitioners, and policymakers interested in immigration law and the growing use of the private sector and private actors in border control.

"In June 2007, the Fraser Institute held a conference in Toronto, Ontario, titled, "Immigration Policy, Border Controls, and the Terrorist Threat In Canada and the United States."The chapters in this volume, which arose from this conference, raise fundamental questions about weaknesses in Canada's current immigration policies and procedures." "The contributors to this volume identify serious threats and weaknesses in the immigration, asylum, and border regimes from both Canadian and American perspectives. The authors are not opposed to effectively managed immigration or allowing genuine refugees who pose no security threat to enter the country through a well-vetted system. All believe that the vast majority of immigrants pose no danger, but are simply seeking to improve their freedom and prosperity. Nevertheless given the stakes raised by terrorist attacks, the entry of even a small number of potentially dangerous individuals should warrant major attention and policy review."--BOOK JACKET.

This volume explores the digitization, privatization, and spatial displacement of border security and the effects these have on political accountability and migrant rights. The governance of security and migration is unfolding in new political spaces. Cooperation and competition among immigration officials, border guards, transnational security corporations, IT companies, local police, and international organizations has decoupled migration governance from national political structures. The chapters in the volume examine how these dynamics affect the deployment and constraint of sovereign power in the United States, Canada, the United Kingdom, and the EU. Contributors trace this process from the disciplinary perspectives of law, political science, sociology, criminology, and geography. Part I of the book explores the reconfiguration of security and migration governance through historical processes of privatization, digitization, and the rescaling of border control technologies to local and global spaces. Part II explores how migrant rights actors have responded by rescaling resistance to global and local levels. This book will be of much interest to students of critical security studies, global governance, migration studies, and international relations.

This title provides a comprehensive overview of European migration law. More than three dozen directives and regulations are discussed throughout this volume, together with numerous court judgments, international treaties, reform proposals, and factual developments. This careful inspection of EU legislation and cases is accompanied by analyses of domestic and international developments, as well as contextual factors influencing the real world of migratory movements. Across eighteen chapters, Daniel Thym discusses core features of visas and border controls, asylum and legal migration, integration and return, association agreements, and international cooperation. The work consists of two parts. In the first part, Thym provides an analysis of the general framework behind the EU rules on migration and the changing positions of the supranational institutions. Central to this part is a discussion on the significance of human rights and the case law of the Court of Justice. Several chapters identify general features guiding the interpretation and the administrative implementation of the common rulebook. In the second part of the book, Thym explores the policy design and the substance approached through a thematic, rather than a chronological, lens. These chapters provide a reliable inventory of the policy design, the legislation and judgments on all areas of European migration law.

Immigration and Privacy in the Law of the European Union: The Case of Information Systems examines the privacy challenges posed by the establishment and operation of pan-European centralised databases processing personal data of different categories of third-country nationals.