scholarly journals Ethics in Transnational Forensic DNA Data Exchange in the EU: Constructing Boundaries and Managing Controversies

2018 ◽  
Vol 27 (2) ◽  
pp. 242-264 ◽  
Author(s):  
Helena Machado ◽  
Rafaela Granja
Keyword(s):  
2019 ◽  
Vol 60 (1) ◽  
pp. 141-159 ◽  
Author(s):  
Helena Machado ◽  
Rafaela Granja ◽  
Nina Amelung

Abstract This article explores the fluid and flexible forms of constructing suspicion, which take shape in transnational governance of crime through forensic DNA databases. The empirical examples are the views of professionals engaged with the so-called Prüm system. This technological identification system was developed to enable DNA data exchange across EU Member States in the context of police and judicial cooperation to control cross-border crime and terrorism. We argue that suspicion is constructed through forms of deterritorializing and reterritorializing assumptions about criminality linked to the movements of suspect communities across the European Union. Transnational crime management is configured through narratives of global expansion of criminal mobility, technical neutrality of DNA identification and the reliance on criminal categorizations of particular national populations.


2018 ◽  
Vol 1 (102) ◽  
pp. 305
Author(s):  
Rosario Serra Cristóbal

Resumen:La gestión coordinada de las fronteras y el funcionamiento eficaz de los sistemas de tratamiento de datos de circulación de personas pueden servir como mecanismo de alerta temprana frente al riesgo de ataques terroristas. Puede fortalecer la capacidad colectiva de los Estados para detectar, prevenir y combatir el terrorismo al facilitar el intercambio oportuno de información, permitiendo así adoptar de forma responsable decisiones cruciales.Este trabajo analiza los concretos instrumentos de gestión de datos en fronteras que pueden ser útiles en la lucha antiterrorista, porque el primer paso en inteligencia reside en la obtención de información, que luego será analizada y tratada para convertir esa información en conocimiento. Como tendremos oportunidad de comprobar, muchas de las bases de datos en fronteras se crearon para controlar la entrada de inmigrantes en las fronteras europeas, pero la información que ofrecen dichos sistemas puede servir también para luchar contra ese reto que nos amenaza, el del terrorismo yihadista. No obstante, este trabajo subraya que se trata de fenómenos distintos.Es cierto que la nueva oleada de ataques yihadistas ha coincidido, en el mismo espacio temporal, con la mayor crisis migratoria a la que se ha tenido que enfrentar Europa debido a crisis humanitarias y posteriormente a la guerra de Siria u otros conflictos. Pero, no son lo mismo. El terrorismo yihadista y la inmigración poco o nada tienen que ver, por mucho que se hayan querido vincular o se hayan pretendido justificar determinadas políticas contra la inmigración como algo necesario para luchar contra el terrorismo yihadista, con el fácil argumento de que frenando la inmigración se evita la entrada de potenciales terroristas en Europa.El trabajo advierte del riesgo de que la lucha contra el terrorismo sea utilizada para reforzar los controles de personas en las fronteras con el verdadero objetivo de frenar los flujos migratorios. Al tiempo, subraya la necesidad de que en dichos controles se sigan directrices y prácticas claras y se respeten plenamente las obligaciones que los Estados tienen de conformidad con el Derecho internacional, tal como ha recordado el Tribunal Europeo de Derechos Humanos y el Tribunal de Justicia de la Unión Europea. De hecho, no son pocos los casos en los que estos Tribunales han subrayado la relevancia indubitada de principios como la reserva de ley, la necesidad o la proporcionalidad como sustrato de la licitud de muchas medidas que incluyen el tratamiento de datos personales.Summary:1. Jihadist terrorism as a cross-border phenomenon. 2. The benefit of data exchange on crossing-borders in the Schengen area. 3. New guidelines on data processing and the safeguard of national security. 4. The register of passengers (The Personal Name Record or PNR). 5. When the data cross the external borders. The exchange of data with third countries. 5.1. The failed PNR Agreement with Canada and the EU Court of Justice’s standards regarding the transfer of passengers’ data. 5.2. The exchange of data with the United States. The EU-US Umbrella Agreement and the Privacy Shield. 6. The use of profiles and blacklists of alleged terrorists in cross-bording. 7. ConclusionsAbstract:EU Coordinated border management and effective functioning of data processing systems related to the movement of persons may serve as an early warning mechanism against the risk of terrorist attacks. It can strengthen the collective capacity of States to detect, prevent and combat terrorism by facilitating the timely exchange of information, thereby enabling crucial decisions to be adopted in a responsible manner.This paper analyzes the concrete border data management tools that can be useful in the fight against terrorism. The first step in intelligence lies in obtaining information, which will then be analyzed and treated to turn that information into useful knowledge. As we will have an opportunity to verify, numerous border databases were created to control the entry of immigrants into European borders, but the information offered by these systems can also serve to fight against this challenge that threatens us, that of jihadist terrorism.Nevertheless, we emphasize that terrorism and immigration are different phenomena. The truth is that the new wave of Jihadist attacks took place along the largest migratory crisis that Europe faced due to different humanitarian crises and to the war in Syria and other conflicts. But they represent different realities. Jihadist terrorism and immigration have little or nothing in common. In spite of this, many wish to link both with a view to justify certain anti-immigration policies as necessary actions for coping with Jihadist terrorism. This has been done based on a simple narrative: holding back immigration prevents the entry of potential terrorists in Europe.This paper shows that the risk that the fight against terrorism will be used as a basis to reinforce people controls at the borders, while the true objective of these measures is to curb migratory flows. At the same time, it underlines the need for clear guidelines and practices to be followed when implementing such controls. It also vindicates the need for States to observe their obligations laid down by international law, as recalled by the European Court of Human Rights and the EU Court of the Justice. In fact, in many cases, these jurisdictions highlighted the undoubted relevance of the statutory reserve principle, the principle of necessity or the principle of proportionality, as legal basis for the adoption of measures that include personal data processing.


2020 ◽  
Author(s):  
Olga Vasniova ◽  
Olga Biarozka ◽  
Nataliia Lyuta ◽  
Iryna Sanina ◽  
Andreas Scheidleder ◽  
...  

<p>The EU-funded program European Water Initiative Plus for Eastern Partnership Countries (EUWI+), which is the biggest commitment of the EU to the water sector in the EaP countries, helps Armenia, Azerbaijan, Belarus, Georgia, Moldova, and Ukraine to bring their legislation closer to EU policy in the field of water management, with a main focus on the management of trans-boundary river basins. It supports the development and implementation of pilot river basin management plans, building on the improved policy framework and ensuring a strong participation of local stakeholders.</p><p>Project funding is provided by the European Commission (DG NEAR), the EU support program for improved cooperation in the eastern EU neighborhood region and the EU Water Initiative Plus (EUWI+). On a national level, financial support comes from the Austrian Development Agency, the Austrian Federal Ministry for Sustainability and Tourism as well as from the French Office International de l’Eau. Up to 2020, management plans for selected river basins and transboundary rivers will be implemented under the leadership of a European project consortium headed by the Environment Agency Austria.</p><p>One important first step is the delineation of groundwater bodies according to the principles of the EU Water Framework Directive and the harmonization of transboundary groundwater bodies between Belarus and Ukraine. Groundwater experts of the Ukrainian Geological Prospecting Institute and the Belarus Unitary Enterprise “Research And Production Centre For Geology” identified and characterized the transboundary groundwater bodies which are crossing country boarders in the Dnipro river basin in Ukrainian and the Pripyat river basin in Belarus. Furthermore, a corridor which is supposed to be in transboundary groundwater interaction was identified. All methodological work was bilaterally agreed.</p><p>The experts of both countries made an inventory of existing groundwater monitoring sites and a proposal of monitoring sites which should be subject to transboundary monitoring and bilateral data exchange. In addition, a joint transboundary groundwater survey including the joint selection of monitoring parameters, a common sampling campaign and a joint interpretation of the monitoring results is planned for the period until August 2020.</p><p>A statement of the quantitative and chemical status and the risk of not achieving good status in future, as a conclusion of all collected information and monitoring data will be given.</p><p>The already available results of the joint investigations are presented.</p>


2016 ◽  
Vol 80 (5) ◽  
pp. 303-326 ◽  
Author(s):  
Tim J Wilson

This article places sharing forensic biometric data for international criminal justice cooperation purposes within the domain of global public goods. Such cooperation is a rational response to globalisation, but faces several obstacles. These range from sociocultural and political concerns about national legal and criminal justice autonomy to the potential impact of market fundamentalism on scientific standardisation and cooperation mechanism delivery. The significance of such inhibitors will vary as societal and personal perceptions of stability change. These issues are examined by analysing the progress achieved with the EU Prüm forensic biometric data exchange model. Shocks to European stability, such as the increased scale of terrorist crimes and the UK EU referendum result will inevitably test the resilience of Prüm. Combining insights from global public goods and criminal law scholarship, however, may help to identify how reactions to such shocks, including questions about future UK participation in Prüm, might be managed.


Author(s):  
Frederick Teye ◽  
Henri Hoslter ◽  
Liisa Pesonen

Within the agricultural knowledge-based bio-economy, information sharing is an important issue. Information systems for agricultural supply food chain network are not standardized. This reduces efficiency in the exchange of information in agri-business processes. To address these problems, agriXchange, an EU-funded coordination and support action was setup to develop a sustainable network system for common data exchange in the agricultural sector. The overall objectives are to: a) establish a platform on data exchange in agriculture in the EU, b) develop a reference framework for interoperability of data exchange, and c) identify the main challenges for harmonizing data exchange. Analysis of the situation concerning data exchange in agriculture in individual EU member states (including Switzerland) is an integral component of this harmonization support action. In this paper the results of the investigation of the state-of-the art around agricultural data exchange in EU member states is reported. This research on data exchange and data integration was carried out in 27 EU member states and Switzerland. The investigation employed experts to quantitatively and qualitatively inquire about agricultural data exchange in the EU. A framework was developed to inquire the different integration levels, within as well as between enterprises in agriculture. Based on the analysis of the state of the art, the challenges for future research and trends data exchange in European agriculture were identified. The results showed that there are substantial differences across the EU in relation to the level of data integration and standardization. Member states can be divided into different groups from; none or hardly any data integration to quite well developed infrastructures such as France, Germany, The Netherlands and Denmark. The most important findings identified were with the aging population of farmers which manifests itself through the lack of adaption and investments in new technology, especially in Southern and Eastern countries. Availability of mobile and broadband infrastructure was a major problem in rural areas for most countries in a quantitative sense, but for ICT developed agricultural countries more of a quality of service problem. Cost of acquiring data exchange capable equipment, data exchange formats, proprietary data formats and complexity in machines was also a major concern. As a recommendation, it was noted that open networks with flexible relationships between network partners will facilitate successful integration of systems. The importance of agricultural data exchange in the EU has broadly been recognized, however all service providers and users need to be convinced about the benefits. Finally, focus should be on putting research information into practice to demonstrate how data harmonization processes can work, however, this should be kept flexible and hence keep the rigidity of (formal) standardization processes minimal in agricultural data harmonization.


2021 ◽  
Vol 1 (4(57)) ◽  
pp. 49-53
Author(s):  
Viktoriia Lebid ◽  
Tetyana Anufriyeva ◽  
Hanna Savenko ◽  
Viktoriia Skrypnyk

The object of research is the processes of data exchange between subjects of foreign economic activity when performing customs procedures, namely, the introduction of a new computerized transit system NCTS within the framework of improving and harmonizing customs procedures. One of the most problematic areas is the lack of knowledge and awareness in the implementation of reforms on trade facilitation measures, and therefore there is a need to be able to reduce costs at the border, and costs associated with foreign trade transactions. The perspective is considered and the assessment of the state of modern customs policy is carried out on the example of Ukraine, the mechanisms of application of customs instruments for regulating foreign trade during the digitalization of customs are determined. The dynamics of export-import operations of Ukraine with other countries is analyzed. In 2020, exporting companies estimate the work of customs significantly better by 15 % compared to 2019. Among enterprises of various sizes, micro-enterprises often report problems at customs, and the greatest problems are considered to be overstatement of customs value of goods and outdated equipment of customs control zones. It is shown that one of the ways to improve the efficiency of customs procedures is to minimize personal contacts between the customs officer and the client, transfer most of the transactions online, use electronic services and mobile applications. Also, in the near future, a large-scale reconstruction of checkpoints is planned to reduce queues. It is found that the customs clearance procedures are not sufficiently automated, and the customs authorities are entrusted with many obligations. Thus, the customs authorities of Ukraine are forced to control goods during customs clearance more carefully than in the EU countries. The average duration of customs clearance of imported goods by the customs authorities of Ukraine is from 1 to 4 hours, depending on the region, while in developed countries such clearance takes only a few minutes. The conducted research is interesting for the participants of the international transport market. Since for business enterprises the use of one transit declaration for the delivery of goods from one country to another (from the customs office of departure to the customs office of destination), according to the general transit procedure, reduces the cost of customs procedures and the time required for their passage. Consequently, it reduces queues at the border, which means a faster flow of goods.


2020 ◽  
pp. 89-103
Author(s):  
Nina Amelung ◽  
Rafaela Granja ◽  
Helena Machado

Abstract Poland established its DNA database in 2007 and joined the Prüm system in 2013. In comparison to the other countries in the European Union, the Polish DNA database is small. The facilitation of international DNA data exchange was considered as fundamental to Poland’s project to technologically modernize, integrate into Europe and incorporate international crime control standards. Furthermore, the country has demonstrated openness to those new and emergent forensic DNA technologies that have been critically assessed and strictly regulated in other countries. Poland is among Prüm’s most proactive members and is a country ambitious to catch up with a circumscribed expansive mode of debordering. This proactivity is manifested in the range of bilateral data exchange connections Poland has made with other Member States and in the data categories it makes available. Poland’s commitment to expansive debordering dynamics goes hand in hand with the EU’s agenda of integrating security policies.


2020 ◽  
pp. 55-71
Author(s):  
Nina Amelung ◽  
Rafaela Granja ◽  
Helena Machado

Abstract Germany’s DNA database was established in 1998 and grew into one of the mid-sized databases in the EU. Under the leadership of its Minister of the Interior, Germany was among the countries that drove the creation of the Prüm system and was among the first signatories of the Prüm Treaty in 2005. The 2007 German Presidency of the EU, along with the European Commission, also pushed for the integration of the Convention of Prüm into an EU legal framework. In terms of bordering practices, the German situation serves to illustrate an expansive and diffusive mode of debordering. This expansiveness is documented by the country’s early involvement and comprehensive establishment of data exchange with most of the countries in the system; this diffusive character is illustrated by the string-pulling practices employed by Germany, and some other Member States’ governments, to influence transnational police collaboration in the EU.


2020 ◽  
pp. 35-54
Author(s):  
Nina Amelung ◽  
Rafaela Granja ◽  
Helena Machado

Abstract This chapter introduces the concept of ‘biobordering’. Taking the nationally grown crime control regimes into account, we argue that the proposed concept of bioborders is useful in capturing how the territorial foundations of national state autonomy are partially reclaimed (what we call rebordering) and at the same time partially purposefully suspended (what we call debordering). The concept of biobordering is particularly fruitful for understanding how modes of bordering entangle with large-scale IT database infrastructures for the exchange of biometric data in the context of crime control. It highlights in particular the legal, scientific, technical, political and ethical dimensions of data exchange across borders across the EU. The chapter reviews recent insights from border studies and continues by outlining components and dynamics of biobordering that make bioborders more or less permeable for expansive biometric data exchange.


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