Download or read book Implications of Pre emptive Data Surveillance for Fundamental Rights in the European Union written by Julia Wojnowska-Radzińska and published by BRILL. This book was released on 2023-07-24 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Surveillance Law Data Retention and Human Rights written by Matthew White ((Author of Surveillance law, data retention, and human rights)) and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--

Download or read book The Fundamental Right to Data Protection written by Maria Tzanou and published by Bloomsbury Publishing. This book was released on 2017-06-01 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The US Surveillance Programmes and Their Impact on EU Citizens Fundamental Rights written by and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Data Protection and Privacy Under Pressure written by Gert Vermeulen and published by Maklu. This book was released on 2017-12-04 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Surveillance and Privacy in the Digital Age written by Valsamis Mitsilegas and published by Bloomsbury Publishing. This book was released on 2021-04-22 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Surveillance in Europe written by David Wright and published by Routledge. This book was released on 2014-09-19 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Surveillance by Intelligence Services Fundamental Rights Safeguards and Remedies in the EU written by and published by . This book was released on 2017 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Surveillance by Intelligence Services written by and published by . This book was released on 2015 with total page 95 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Employment Privacy Law in the European Union written by Catarina Castro and published by Intersentia nv. This book was released on 2002 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Unaccountable State of Surveillance written by Clive Norris and published by Springer. This book was released on 2017-01-24 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Surveillance by Intelligence Services written by and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Protecting the public from security threats and safeguarding fundamental rights involves a delicate balance. Brutal terror attacks and technological innovations making possible large-scale communications data monitoring have further complicated the matter, triggering concerns about violations of the rights to privacy and data protection in the name of national security protection. The Snowden revelations, which uncovered extensive and indiscriminate surveillance efforts worldwide, made clear that enhanced safeguards of these rights are needed. This report, drafted in response to the European Parliament's call for thorough research on fundamental rights protection in the context of surveillance, maps and analyses the legal frameworks on surveillance in place in EU Member States. Focusing on so-called 'mass surveillance', it also details oversight mechanisms introduced across the EU, outlines the work of entities tasked with overseeing surveillance efforts, and presents the remedies available to individuals seeking to challenge such intelligence activity. By demonstrating the complex considerations involved, this report underscores how difficult it can be to address what are often seen as competing priorities, and contributes to the continuing debate on how to best reconcile them.

Download or read book Surveillance Law Data Retention and Human Rights written by Matthew White and published by Taylor & Francis. This book was released on 2024-09-16 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Protecting Individuals Against the Negative Impact of Big Data written by Manon Oostveen and published by Kluwer Law International B.V.. This book was released on 2018-07-13 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the contemporary information society, organisations increasingly rely on the collection and analysis of large-scale data (popularly called ‘big data’) to make decisions. These processes, which take place largely beyond the individual’s knowledge, produce a cascade of effects that go beyond privacy and data protection. Should we focus on the possibilities of tackling these often negative effects through other areas of law, or maybe even find new solutions to cope with the dark side of big data? This ground-breaking book is the first to address this crucially important question in detail. Among the issues raised in the analysis are such vital elements as the following: − what is meant by ‘big data’; – ‘privacy’ according to the European Court of Human Rights and the Court of Justice of the European Union; – what the European Union legal framework on privacy and data protection consists of and how it functions in the light of big data; – what companies, governments and other organisations are permitted to do with big data under the current regulatory framework; – the central importance of personal autonomy; – circumstances that influence whether or not the right to privacy is triggered; – big data’s possible impact on democracy through, inter alia, potentially limiting freedom of expression; – how governmental or corporate surveillance chills the receiver’s gathering of information and ideas; – selective offering of choices or information, or manipulation of people’s ideas; – procedural aspects that influence the extrapolation of normative concepts of privacy and data protection; and – how discrimination occurs in big data. This book foregrounds a critical scrutiny of commercial uses of big data – its scale, its limited capacity for independent oversight and the expected prevalence of interference with individuals’ rights. The author’s conclusions explore possible legal alternatives to mitigate the negative impact of big data, using legal instruments, case law and legal academic literature in her analysis. Because the amount of digital data keeps growing and the private lives of individuals are increasingly taking place online – and because of the opacity of the big data process, the fundamental values that are at stake, and the speed of technological developments compared to the pace of legal reform – this comprehensive assessment of flaws in the current framework and possible practical solutions will be warmly welcomed by practitioners, policymakers and government officials in all legal fields related to privacy and data protection.

Download or read book Surveillance by Intelligence Services written by and published by . This book was released on 2015 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 7 of the Charter of Fundamental Rights of the European Union guarantees all individuals in the European Union (EU) the respect for private and family life, while Article¬8 guarantees the right to the protection of their personal data. It requires that such data be processed fairly for specific purposes, and secures each person's right of access to his or her personal data, as well as the right to have such data rectified. It also stipulates that an independent authority must regulate compliance with this right. Article¬47 secures the right to an effective remedy, including a fair and public hearing within a reasonable timeframe.

Download or read book Surveillance by Intelligence Services written by and published by . This book was released on 2018 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Automating Crime Prevention Surveillance and Military Operations written by Aleš Završnik and published by Springer Nature. This book was released on 2021-08-19 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary volume critically explores how the ever-increasing use of automated systems is changing policing, criminal justice systems, and military operations at the national and international level. The book examines the ways in which automated systems are beneficial to society, while addressing the risks they represent for human rights. This book starts with a historical overview of how different types of knowledge have transformed crime control and the security domain, comparing those epistemological shifts with the current shift caused by knowledge produced with high-tech information technology tools such as big data analytics, machine learning, and artificial intelligence. The first part explores the use of automated systems, such as predictive policing and platform policing, in law enforcement. The second part analyzes the use of automated systems, such as algorithms used in sentencing and parole decisions, in courts of law. The third part examines the use and misuse of automated systems for surveillance and social control. The fourth part discusses the use of lethal (semi)autonomous weapons systems in armed conflicts. An essential read for researchers, politicians, and advocates interested in the use and potential misuse of automated systems in crime control, this diverse volume draws expertise from such fields as criminology, law, sociology, philosophy, and anthropology.