Beyond Originator Control of Personal Data in EU Interoperable Information Systems: Towards Data Originalism

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.