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This chapter discusses possible parameters for personal data sharing in the context of EU migration and border control, in particular interoperable data sharing. Interoperability enhances access to data for connected public administrations in order to combat identity fraud. However, it is not clear what requirements for data access are in place in practice or imposed by the originators of information. Such opacity may undermine institutional relations as well as the right of access to data and the effective remedies of third-country nationals whose data is used in an administrative decision that concerns them. Starting from the application of the originator control principle in the field of data- sharing, this chapter proposes the concept of data originalism as a protective principle that avoids the use of any form of data ownership as a means of decision-making in practice.

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This chapter introduces the concept of boundaries in relation to law and automation as the common thread of the volume. It explores the ways in which the law confronts several shifting boundaries—territorial, disciplinary, material, institutional, conceptual—within the scope of data-driven Europe. More broadly, starting from the GDPR as an example of the so-called ‘Brussels effect’, the chapter reflects upon the data strategy of the EU in the global context, both as it now is and as planned. This chapter, like the book, adopts an ‘intermezzo’ approach and focuses in a selective fashion on the potential and challenges of data-driven law, path dependencies created by the GDPR, algorithmic transparency, personal data-sharing in the context of EU interoperable information systems as well as the practice of accountability within some specific areas of data-led security.

The Robert Schuman Centre for Advanced Studies, created in 1992 and currently directed by Professor Brigid Laffan, aims to develop inter-disciplinary and comparative research on the major issues facing the process of European integration, European societies and Europe's place in 21 st century global politics.The Centre is home to a large post-doctoral programme and hosts major research programmes, projects and data sets, in addition to a range of working groups and ad hoc initiatives. The research agenda is organised around a set of core themes and is continuously evolving, reflecting the changing agenda of European integration, the expanding membership of the European Union, developments in Europe's neighbourhood and the wider world.For more information: http://eui.eu/rscasThe EUI and the RSCAS are not responsible for the opinion expressed by the author(s). AbstractThe paper examines the issue of the jurisdiction over personal data from a particular angle: it aims to investigate the conditions under which European law might be competitive with other legal systems by strengthening the protection of fundamental rights such as data protection and privacy within transborder relations and, in particular, by widening the scope of European courts' jurisdiction in such cases.The aim of the paper is to show the clash between the un-physical nature of information as commodity and the physical notion of state borders, upon which the notion of jurisdiction is based. Such endeavor explores the use of extraterritoriality of data protection and privacy in international law, with the purpose of finding broader solutions inspired to functional criteria other than the territorial connection.