Data protection rights
of third country nationals
On 12 December 2017, the EU Commission presented a proposal on the interoperability of EU large-scale Information Systems. The proposal seeks to enable all centralised EU databases for security, border and migration management to be interconnected by 2020. The underlying IT systems retain data of Third Country Nationals (TCNs), namely travelers, applicants for international protection, information relating to visa applications or data on missing persons and criminals. With the proposal, the Commission seeks to create new possibilities to exchange information, manage migration challenges and to enhance the Union’s internal security.
At the University of Luxembourg, research is done on data protection rights of third country nationals in the light of the EU data protection reform, which encompasses both the General Data Protection Regulation (GDPR) and the Directive (EU) 2016/680. Specifically, the research activity aims at looking at the applicability of these two instruments in the context of migration and their blurred scope in that area, where data subject rights may be limited once the Directive is applied instead of the GDPR. The research is devoted to investigate how access in EU databases is granted (to law enforcement authorities) to data retained in these databases.