The Schengen Information System and Data Retention. On Surveillance, Security and Legitimacy in the European Union

In Elisa Orrù, Maria Grazia Porcedda & Sebastian Weydner-Volkmann (eds.), Rethinking Surveillance and Control. Beyond the 'Security vs. Privacy' Debate. Baden-Baden: Nomos. pp. 115-136 (2017)
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Abstract

As a technique of social control based on the collection of information, surveillance has been a central instrument of any administrative power since the modern era. Surveillance, however, can be carried out in different ways and these can provide important information on the basic features of a particular political system. Indeed, the introduction of surveillance measures has an impact on key relationships of a political system, such as liberty and security, autonomy and authority. When a political system is, like the European Union (EU), in a dynamic and build-up phase, by analysing its surveillance practices one can even discern the trajectories of its developments. The paper analyses two surveillance measures in the EU: the Schengen Information System (SIS) and the Directive 2006/24/EC on data retention. It puts forth the argument that the reference to security as a value enables the EU to compensate its legitimacy deficiencies and to develop into a power system characterised by a more supranational structure than before.

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Elisa Orrù
University of Freiburg

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