Abstract: The recently introduced Entry/Exit system will serve as a large-scale data retention infrastructure at EU borders which targets third-country nationals. It is therefore necessary to examine the extent to which the EES fulfils requirements set out by the Court of Justice of the EU in this regard. In its current form the EES Regulation raises concern as to its compliance with the principle of proportionality and to the oversight of law enforcement’s access to the stored data. Additionally, scrutiny of the EES brings up to light that there is an inconsistency in CJEU’s case law in terms of balancing the right to data protection and the prohibition of discrimination.
