› › Implications Of Pre Emptive Data Surveillance For Fundamental Rights In The European Union

Implications of Pre-emptive Data Surveillance for Fundamental Rights in the European Union

Author : Julia Wojnowska-Radzińska

Publisher : BRILL

Page : 237 pages

File Size : 21,34 MB

Release : 2023-07-24

Category : Law

ISBN : 9004677682

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Book Description

In this work Julia Wojnowska-Radzińska offers a comprehensive legal analysis of various forms of pre-emptive data surveillance adopted by the European legislator and their impact on fundamental rights. It also identifies what minimum guarantees have to be set up to recognize pre-emptive data surveillance as a legitimate measure in a democratic society. The book aims to answer the essential question of how to strike the proper balance between fundamental rights and security interests in the digital age.



Surveillance Law, Data Retention, and Human Rights

Author : Matthew White ((Author of Surveillance law, data retention, and human rights))

Publisher :

Page : 0 pages

File Size : 44,39 MB

Release : 2024

Category : Law

ISBN : 9781003207870

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Book Description

"This book analyses the compatibility of data retention in the UK with the European Convention on Human Rights (ECHR). The increase in the use of modern technology has led to an explosion of generated data and, with that, a greater interest from law enforcement and intelligence agencies. In the early 2000s, data retention laws were introduced into the UK, and across the European Union (EU). This was met by domestic challenges before national courts, until a seminal ruling by the Court of Justice in the European Union (CJEU) ruled that indiscriminate data retention was incompatible with EU law. Since then, however, the CJEU has revised its position and made certain concessions, particularly under the guise of national security. This book focuses on data retention in the UK with the principal aim of examining compatibility with the European Convention on Human Rights (ECHR). This is explored through a variety of ways including providing an account of democracy and why secret surveillance poses a threat to it, a history of data retention, assessing the seriousness that data retention poses to fundamental rights, the collection of rights that are affected by data retention which are crucial for a functioning democracy, the implications of who can be obligated to retain (and what to retain), the idea that data retention is a form of surveillance and ultimately, with all things considered, whether this is compatible with the ECHR. The work will be an invaluable resource for students, academics, researchers and policy-makers working in the areas of privacy, human rights law and surveillance"--



The Fundamental Right to Data Protection

Author : Maria Tzanou

Publisher : Bloomsbury Publishing

Page : 319 pages

File Size : 11,59 MB

Release : 2017-06-01

Category : Law

ISBN : 150990168X

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Book Description

Since the entry into force of the Lisbon Treaty, data protection has been elevated to the status of a fundamental right in the European Union and is now enshrined in the EU Charter of Fundamental Rights alongside the right to privacy. This timely book investigates the normative significance of data protection as a fundamental right in the EU. The first part of the book examines the scope, the content and the capabilities of data protection as a fundamental right to resolve problems and to provide for an effective protection. It discusses the current approaches to this right in the legal scholarship and the case-law and identifies the limitations that prevent it from having an added value of its own. It suggests a theory of data protection that reconstructs the understanding of this right and could guide courts and legislators on data protection issues. The second part of the book goes on to empirically test the reconstructed right to data protection in four case-studies of counter-terrorism surveillance: communications metadata, travel data, financial data and Internet data surveillance. The book will be of interest to academics, students, policy-makers and practitioners in EU law, privacy, data protection, counter-terrorism and human rights law.



Data Protection and Privacy Under Pressure

Author : Gert Vermeulen

Publisher : Maklu

Page : 343 pages

File Size : 17,56 MB

Release : 2017-12-04

Category : Data protection

ISBN : 9046609103

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Book Description

Since the Snowden revelations, the adoption in May 2016 of the General Data Protection Regulation and several ground-breaking judgments of the Court of Justice of the European Union, data protection and privacy are high on the agenda of policymakers, industries and the legal research community. Against this backdrop, Data Protection and Privacy under Pressure sheds light on key developments where individuals’ rights to data protection and privacy are at stake. The book discusses the persistent transatlantic tensions around various EU-US data transfer mechanisms and EU jurisdiction claims over non-EU-based companies, both sparked by milestone court cases. Additionally, it scrutinises the expanding control or surveillance mechanisms and interconnection of databases in the areas of migration control, internal security and law enforcement, and oversight thereon. Finally, it explores current and future legal challenges related to big data and automated decision-making in the contexts of policing, pharmaceutics and advertising.



The US Surveillance Programmes and Their Impact on EU Citizens' Fundamental Rights

Author :

Publisher :

Page : pages

File Size : 30,31 MB

Release : 2013

Category :

ISBN :

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Book Description

In light of the recent PRISM-related revelations, this briefing note analyzes the impact of US surveillance programmes on European citizens' rights. The note explores the scope of surveillance that can be carried out under the US FISA Amendments Act 2008, and related practices of the US authorities which have very strong implications for EU data sovereignty and the protection of European citizens' rights.



Surveillance and Privacy in the Digital Age

Author : Valsamis Mitsilegas

Publisher : Bloomsbury Publishing

Page : 507 pages

File Size : 48,93 MB

Release : 2021-04-22

Category : Law

ISBN : 150992518X

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Book Description

What impact has the evolution and proliferation of surveillance in the digital age had on fundamental rights? This important collection offers a critical assessment from a European, transatlantic and global perspective. It tracks four key dimensions: digitalisation, privatisation, de-politicisation/de-legalisation and globalisation. It sets out the legal and policy demands that recourse to 'the digital' has imposed. Exploring the question across key sectors, it looks at privatisation through the prism of those demands on the private sector to co-operate with the state's security needs. It goes on to assess de-politicisation and de-legalisation, reflecting the fact that surveillance is often conducted in secret. Finally, it looks at applicable law in a globalised digital world. The book, with its exploration of cutting-edge issues, makes a significant contribution to our understanding of privacy in this new digital landscape.



Surveillance in Europe

Author : David Wright

Publisher : Routledge

Page : 437 pages

File Size : 23,56 MB

Release : 2014-09-19

Category : Social Science

ISBN : 131791547X

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Book Description

Surveillance in Europe is an accessible, definitive and comprehensive overview of the rapidly growing multi-disciplinary field of surveillance studies in Europe. Written by experts in the field, including leading scholars, the Companion’s clear and up to date style will appeal to a wide range of scholars and students in the social sciences, arts and humanities. This book makes the case for greater resilience in European society in the face of the growing pervasiveness of surveillance. It examines surveillance in Europe from several different perspectives, including: the co-evolution of surveillance technologies and practices the surveillance industry in Europe the instrumentality of surveillance for preventing and detecting crime and terrorism social and economic costs impacts of surveillance on civil liberties resilience in Europe’s surveillance society. the consequences and impacts for Europe of the Snowden revelations findings and recommendations regarding surveillance in Europe Surveillance in Europe's interdisciplinary approach and accessible content makes it an ideal companion to academics, policy-makers and civil society organisations alike, as well as appealing to top level undergraduates and postgraduates.





Employment Privacy Law in the European Union

Author : Catarina Castro

Publisher : Intersentia nv

Page : 330 pages

File Size : 47,76 MB

Release : 2002

Category : Data protection

ISBN : 9050952399

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Book Description

This book contains the national reports and a comparative synthesis regarding the employment privacy law in the European Union. It reflects the background research that has been undertaken to prepare a European study conducted with the support of the European Commission, DG Employment, and Social Affairs. The main purpose of this research has been to undertake a comparative study in the European Union on the issue of the protection of workers' personal data, more in particular concerning the case of surveillance and monitoring. The study has focused on the situation in the various Member States of the European Union and has aimed to focus on the extent of the Member State laws and guidelines in this area, on whether such laws or existing guidelines adequately protect the worker, and on suggestions or recommendations or appropriate guidelines that would ensure suitable protection for the worker in relation to his or her monitoring and surveillance by the employer. The research has been undertaken under the supervision of the editor with the cooperation of the contributors who are all specialists in the field of employment privacy. Each expert has prepared a country study regarding the situation in the relevant Member State. The national research activities have resulted in a general discussion at a closed expert meeting on 4 and 5 October 2001, organised at the Law Faculty of the University of Leuven (Belgium). During this seminar, country surveys have been further explained and discussed, and policy options or suggestions have been looked upon in the examined field of study. The comparative overview departs from the horizontal approach of comparativism. This means that it integrates all relevant information regarding Member States horizontally, throughout the general theme and its appropriate subthemes. Contributions to this book are made by: C. Castro, X.C. Vásquez, M. Colucci, M. Forde, A. Höland, T. Homan, A. Johansson, L. Kanellos, J. Kristiansen, N. Melzer, G. Morris, S. Nerbonne, A. von Koskull.



The Unaccountable State of Surveillance

Author : Clive Norris

Publisher : Springer

Page : 506 pages

File Size : 21,36 MB

Release : 2017-01-24

Category : Law

ISBN : 3319475738

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Book Description

This book examines the ability of citizens across ten European countries to exercise their democratic rights to access their personal data. It presents a socio-legal research project, with the researchers acting as citizens, or data subjects, and using ethnographic data collection methods. The research presented here evidences a myriad of strategies and discourses employed by a range of public and private sector organizations as they obstruct and restrict citizens' attempts to exercise their informational rights. The book also provides an up-to-date legal analysis of legal frameworks across Europe concerning access rights and makes several policy recommendations in the area of informational rights. It provides a unique and unparalleled study of the law in action which uncovered the obstacles that citizens encounter if they try to find out what personal data public and private sector organisations collect and store about them, how they process it, and with whom they share it. These are simple questions to ask, and the right to do so is enshrined in law, but getting answers to these questions was met by a raft of strategies which effectively denied citizens their rights. The book documents in rich ethnographic detail the manner in which these discourses of denial played out in the ten countries involved, and explores in depth the implications for policy and regulatory reform.