Recent developments of interoperability in the EU Area of Freedom, Security and Justice: Regulations (EU) 2019/817 and 2019/818
Keywords:Schengen Area, interoperability, cooperation, mutual trust, privacy
Regulation 2019/817 and Regulation 2019/818 establish a framework for the interoperability between EU large scale information systems in the Area of Freedom, Security, and Justice. The new rules on interoperability aim at providing easier information sharing and to improve security in the EU, while safeguarding fundamental rights. This presupposes that the data is fully trustworthy and only accessed in legitimate ways. Due to the nature of the data, especially biometric data, and the scale of the databases, security is an obvious concern. These problems imply a high level of trust between the Member States, persons and entities that will use the information systems. Trust between Member States is not an axiom in the present context of the EU as recent CJEU decisions reveal and imply, among other aspects, a common institutional background.