Hobbing Peter

This author's articles

• A comparison of the now agreed VIS package and the US-VISIT system

  22 October 2007
  In recent years, U.S. and EU have both set up border-related database systems with striking similarities as regards names and major development phases occurring in the historical context of post-9/11. Nevertheless doubts are appropriate as to how far the parallels go between the European VIS finally adopted as an instrument of the common visa policy and US-VISIT known for its dedicated role in the «war against terrorism».

• An Analysis of the Commission Communication (Com(2005) 597 Final of 24.11.2005) on Improved Effectiveness, Enhanced Interoperability and Synergies among European Databases in the Area of Justice And Home Affairs

  4 December 2006
  Commission Communication (2005)597 has gone widely unnoticed which is probably due more to the complexity of matters treated than the unanimous applause obtained. Equally unusual is its objective as it does not propose concrete legislative action but offers various technical and organisational scenarios for Council and Parliament to pick from when designing the future of JHA databases SIS II, VIS, EURODAC and possibly adding a few new structures. The developments examined for maintaining a high level of security (in particular as regards acts of terrorism and serious crime) in view of ensuring a maximum of free movement, are centred around the increased use of biometrics for control and facilitation purposes («trusted-traveller-programme»), as well as extended access to JHA databases by internal security services. While most of the features promise greater if not impressive efficiency for surveillance purposes, their possible use may make the alarm bells ring for those preoccupied with the risks involved for data protection, proportionality and other human rights. It is therefore recommended, that the Parliament study carefully the options proposed and voice its concerns and priorities in order to actively participate in the shaping of the future JHA database landscape at the EU-level.

• An assessment of the proposals of regulation and decision which define the purpose, functionality and responsibilities of the future SIS II

  4 December 2006
  The reform of the Schengen Information System (SIS) is a major milestone in the development of the Area of Freedom, Justice and Security, if not for the EU as such, but the process has not been carried out with the appropriate levels of publicity and democratic control. With the Commission proposals of May 2005 marking the emergence of the new SIS II from the more secretive ‘Third Pillar’ environment, there is now a golden opportunity to examine the proposed legislation thoroughly. It is widely held that the current drafts are a clear improvement on earlier versions. However, a number of sensitive features still need attention, in particular how far new mechanisms and the wider involvement of enforcement and judicial authorities have come with legal safeguards to ensure that data protection and other human rights are respected. The introduction of biometric data into alert records, the interlinking of alerts and possible ‘mergers’ with separate databases (e.g. VIS) should also be examined.