The issue of data protection and data security in the (pre-Lisbon) EU third pillar

The key functional operability in the pre-Lisbon PJCCM pillar of the EU is the exchange of intelligence and information amongst the law enforcement bodies of the EU. The twin issues of data protection and data security within what was the EU’s third pillar legal framework therefore come to the fore. With the Lisbon Treaty reform of the EU, and the increased role of the Commission in PJCCM policy areas, and the integration of the PJCCM provisions with what have traditionally been the pillar I activities of Frontex, the opportunity for streamlining the data protection and data security provisions of the law enforcement bodies of the post-Lisbon EU arises. This is recognised by the Commission in their drafting of an amending regulation for Frontex , when they say that they would prefer “to return to the question of personal data in the context of the overall strategy for information exchange to be presented later this year and also taking into account the reflection to be carried out on how to further develop cooperation between agencies in the justice and home affairs field as requested by the Stockholm programme.” The focus of the literature published on this topic, has for the most part, been on the data protection provisions in Pillar I, EC. While the focus of research has recently sifted to the previously Pillar III PJCCM provisions on data protection, a more focused analysis of the interlocking issues of data protection and data security needs to be made in the context of the law enforcement bodies, particularly with regard to those which were based in the pre-Lisbon third pillar. This paper will make a contribution to that debate, arguing that a review of both the data protection and security provision post-Lisbon is required, not only in order to reinforce individual rights, but also inter-agency operability in combating cross-border EU crime. The EC’s provisions on data protection, as enshrined by Directive 95/46/EC, do not apply to the legal frameworks covering developments within the third pillar of the EU. Even Council Framework Decision 2008/977/JHA, which is supposed to cover data protection provisions within PJCCM expressly states that its provisions do not apply to “Europol, Eurojust, the Schengen Information System (SIS)” or to the Customs Information System (CIS). In addition, the post Treaty of Prüm provisions covering the sharing of DNA profiles, dactyloscopic data and vehicle registration data pursuant to Council Decision 2008/615/JHA, are not to be covered by the provisions of the 2008 Framework Decision. As stated by Hijmans and Scirocco, the regime is “best defined as a patchwork of data protection regimes”, with “no legal framework which is stable and unequivocal, like Directive 95/46/EC in the First pillar”. Data security issues are also key to the sharing of data in organised crime or counterterrorism situations. This article will critically analyse the current legal framework for data protection and security within the third pillar of the EU.

Tackling trafficking in human beings in a security integrated Europe: addressing the challenges using trafficking schematics

This paper aims to conceptualise trafficking in human beings (THB) as an organised crime by drawing on the rational choice theory. Utilising crime scripting principles, it proposes trafficking schematics to capture and visualise THB in its entirety. Stemming from its transnational nature and varying conceptualisations, combatting THB faces challenges, such as the lack of harmonisation of policy instruments and differing stakeholder agendas. To mitigate these challenges, this paper proposes trafficking schematics. Their core lies in the modelling of THB constituent elements, including stages and their sequence, key actors and relationships, and financial modus operandi. Trafficking schematics may therefore contribute to addressing THB in a holistic, dynamic and integrated way, by enriching stakeholders’ understanding of the phenomenon and facilitating collaboration to address it. The paper contributes to theory and practice by drawing up a model of the procedural, human, logistical and environmental elements of THB that may be viewed as an instrument of public value creation.

New challenges for the EU internal security strategy

In recent years, the EU and its member states have experienced a number of changes, as well as challenges, in the areas of politics, economics, security and law. As these areas are interconnected, changes and challenges to any of them have implications for the others, as well as implications for the populations and institutions of the EU or those coming into contact with its international power and influence. This edited collection focuses primarily on security and law, particularly the EU’s internal security strategy. The EU’s Internal Security Strategy, adopted by the Spanish presidency early in 2010, followed the Lisbon Treaty in 2009, building on previous developments within the EU in the Area of Freedom Security and Justice (AFSJ) policy. The focus of the EU Internal Security Strategy is to prevent and combat “serious and organised crime, terrorism and cybercrime, in strengthening the management of our external borders and in building resilience to natural and man-made disasters”. The Internal Security strategy intersects and overlaps with the European Union’s Counter-terrorism strategy, the Strategy for the External Dimension of JHA, and the EU’s Security Strategy. The role of and interaction between these strategies, their supplementing documents, and their implications for crime, victims, the law, political relations, democracy and human rights, form the backdrop against which the chapters in this collection are written. Building on original research by its contributors, this collection comprises work by authors from a wide variety of academic and professional areas and perspectives, as well as different countries, on a variety of areas and issues related to or raised by the EU’s Internal Security Strategy, from intelligence-led policing to human trafficking and port security. This book examines, from a wide variety of disciplinary perspectives including law, geography, politics and practice, both this further refinement of existing internal provisions on cross-border crime, and the increasing external relations of the EU in the AFSJ.

A network approach to overcoming barriers to market engagement for SMEs in energy efficiency initiatives such as the Green Deal

The Green Deal (GD) was launched in 2013 by the UK Government as a market-led scheme to encourage uptake of energy efficiency measures in the UK and create green sector jobs. The scheme closed in July 2015 after 30 months due to government concerns over low uptake and industry standards but additional factors potentially contributed to its failure such as poor scheme design and lack of understanding of the customer and supply chain journey. We explore the role of key delivery agents of GD services, specifically SMEs, and we use the LoCal-Net project as a case study to examine the use of networks to identify and reduce barriers to SME market engagement. We find that SMEs experienced multiple barriers to interaction with the GD such as lack of access to information, training, and confusion over delivery of the scheme but benefited from interaction with the network to access information, improve understanding of the scheme, increasing networking opportunities and forming new business models and partnerships to reduce risk. The importance of SMEs as delivery agents and their role in the design of market-led schemes such as the GD are discussed with recommendations for improving SME engagement in green sector initiatives.

The flexible citizen: education and citizenship

This paper considers the recent focus on citizenship within education by taking curricular reform within Scottish secondary schooling and its linkage with higher education as a case study. In Scotland the Curriculum for Excellence reform places citizenship as one of the four main capacities that pupils must work towards as part of their education. This is echoed to some extent within higher education through the Enhancement Theme reforms and the focus on graduate attributes. A unifying theme in these reforms is the need for students to work across different disciplines, to develop a cross-disciplinary perspective on the world by, for example, considering issues of sustainability in relation to scientific or technological developments. In this model of curriculum development teaching staff are considered as agents of change, enabling learners to develop their sense of citizenship in response to a fast-paced world of innovation and change. This kind of change is objectified as a need that must be responded to and met if tomorrow’s citizens are to be able to not only cope, but thrive in the world in which they inhabit. As such, the citizen is positioned as an ongoing project, as something to be worked at and worked on. However, this kind of notion of agency cloaks an neoliberal ideological construction of the citizen as a flexible resource for society, and usually in relation to economic output. The paper seeks to subject this construction of the citizen to critical scrutiny in relation to the idea that, in education, learners are developing their ability to be creative and enquiring in order to be adaptive to change.