Entry/Exit System (EES) - Rodrigue Kayembe

Summary

EES is the European wide automated border management system used for registering Schengen external border crossings for non-EU nationals crossing for short stays.

European Data Protection Supervisor (EDPS)

• EU’s independent data protection authority with a mission to monitor and ensure the protection of personal data and privacy. Focussed on when EU Institutions and bodies process any personal of information of an individual. In the instance of EES, it seeks to safeguard the fundamental right to data protection non-EU nationals whose personal data and biometrics the EES collects.
• Regulation (EU) 2018/1725 outlines the rules for data protection in the EU institutions.  Article 57 of Regulation (EU) 2018/1725 and Article 58 of Regulation (EU) 2018/1725 define the duties and authorities of the EDPS
  
• It has the powers of investigation, corrective powers and sanctions, and authorisation and advisory powers.
• Limited enforcement powers by design, has the powers to bind EU bodies but not the EU legislature. Evidenced by Eurpol case where it ordered Europol to delete large datasets on individuals with no established link to crime. The Parliament and Council responded by amending the Europol Regulation to permit retroactive authorisation of that type of processing. This decision to amend was challenged, however the Court held that it lacked standing, as its special status "is not intended to limit the powers of the EU legislature" (Case T-578/22 EDPS v Parliament and Council, 6 September 2023, para 48).

European Union Agency for Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA)

• Responsible for managing large-scale IT systems in supporting the implementation of asylum, border management, migration, and justice policies in the EU wide.
• eu-LISA mission is to support EU member states and their digitalisation efforts in the EU's Justice and Home Affairs (JHA) domain by ensuring:
  • The efficient development of large scale IT systems;
  • financially accountable management of said large scale IT systems;
  • the effective, secure and continuous operation of large-scale IT systems under it's scope;
  • a high level of data protection;
  • continuity and uninterrupted service
  • appropriate level of data and physical security 

• Initially established by Regulation (EU) 1077/2011 of the European Parliament and of the Council and later it's mandate was reaffirmed under (EU) 2018/1726.
  

• One of eu-LISA weakness is around accountability, as it is essentially controlled by the actors that use it's systems. As per Reg. 2018/1726, art 20(1)) 

  the management Board must comprise of representative of each Member State and two Commission representatives.