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
Total Pages: 237
Release: 2023-07-24
Genre: Law
ISBN: 9004677682

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.

New Directions in Surveillance and Privacy

New Directions in Surveillance and Privacy
Author: Benjamin J. Goold
Publisher: Willan
Total Pages: 232
Release: 2013-05-13
Genre: Social Science
ISBN: 1134045999

The field of surveillance studies is growing at a rapid rate, fuelled by a growing interest in the questions that lie at its heart and a deep unease about the future of individual privacy. What information is held about us, to what extent that information is secure, how new technologies ought to be regulated, and how developments in surveillance will affect our ordinary and everyday lives? Deliberately multi-disciplinary in character, this book examines these questions from the perspective of a broad range of fields, including sociology, management research, law, literary analysis and internet studies. As privacy comes under increasing threat and surveillance activities grow in quantity and diversity, so too the academic field needs to develop in new directions, form new perspectives, and gain new insights. In keeping with this aim, the chapters of this book consider how individuals, organisations, and states are engaged in the compilation, mobilization, scrutiny and use of ever increasing amounts of information. Divided into three sections focusing in turn on legal regulation, technologies of surveillance, and the future of privacy and surveillance, this collection provides a unique and eclectic insight into the question of how the spread of surveillance is changing our lives and the societies in which we live.

Data Protection and Privacy Under Pressure

Data Protection and Privacy Under Pressure
Author: Gert Vermeulen
Publisher: Maklu
Total Pages: 343
Release: 2017-12-04
Genre: Data protection
ISBN: 9046609103

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.

Surveillance in Europe

Surveillance in Europe
Author: David Wright
Publisher: Routledge
Total Pages: 437
Release: 2014-09-19
Genre: Social Science
ISBN: 131791547X

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.

Surveillance Law, Data Retention and Human Rights

Surveillance Law, Data Retention and Human Rights
Author: Matthew White
Publisher: Taylor & Francis
Total Pages: 212
Release: 2024-09-16
Genre: Law
ISBN: 1040134742

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 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.

Surveillance and Privacy in the Digital Age

Surveillance and Privacy in the Digital Age
Author: Valsamis Mitsilegas
Publisher: Bloomsbury Publishing
Total Pages: 507
Release: 2021-04-22
Genre: Law
ISBN: 150992518X

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 Law, Data Retention, and Human Rights

Surveillance Law, Data Retention, and Human Rights
Author: Matthew White ((Author of Surveillance law, data retention, and human rights))
Publisher:
Total Pages: 0
Release: 2024
Genre: Law
ISBN: 9781003207870

"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"--

Data Protection and Privacy: (In)visibilities and Infrastructures

Data Protection and Privacy: (In)visibilities and Infrastructures
Author: Ronald Leenes
Publisher: Springer
Total Pages: 309
Release: 2017-02-07
Genre: Law
ISBN: 3319507966

This book features peer reviewed contributions from across the disciplines on themes relating to protection of data and to privacy protection. The authors explore fundamental and legal questions, investigate case studies and consider concepts and tools such as privacy by design, the risks of surveillance and fostering trust. Readers may trace both technological and legal evolution as chapters examine current developments in ICT such as cloud computing and the Internet of Things. Written during the process of the fundamental revision of revision of EU data protection law (the 1995 Data Protection Directive), this volume is highly topical. Since the European Parliament has adopted the General Data Protection Regulation (Regulation 2016/679), which will apply from 25 May 2018, there are many details to be sorted out. This volume identifies and exemplifies key, contemporary issues. From fundamental rights and offline alternatives, through transparency requirements to health data breaches, the reader is provided with a rich and detailed picture, including some daring approaches to privacy and data protection. The book will inform and inspire all stakeholders. Researchers with an interest in the philosophy of law and philosophy of technology, in computers and society, and in European and International law will all find something of value in this stimulating and engaging work.