Download or read book New Data Security Requirements and the Proceduralization of Mass Surveillance Law After the European Data Retention Case written by Frederik Johannes Zuiderveen Borgesius and published by . This book was released on 2015 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 New Directions in Surveillance and Privacy written by Benjamin J. Goold and published by Willan. This book was released on 2013-05-13 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 Mass Surveillance Law in Europe Limits to the Use of the National Security Exemption in the Context of Bulk Communications Data Retention and Transmission Regimes written by Alison Dillane and published by . This book was released on 2021 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 Surveillance in Europe written by David Wright and published by Routledge. This book was released on 2014-09-19 with total page 407 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 Security and Human Rights written by Benjamin J Goold and published by Bloomsbury Publishing. This book was released on 2019-09-05 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the second edition of the acclaimed Security and Human Rights, first published in 2007. Reconciling issues of security with a respect for fundamental human rights has become one of the key challenges facing governments throughout the world. The first edition broke the disciplinary confines in which security was often analysed before and after the events of 11 September 2001. The second edition continues in this tradition, presenting a collection of essays from leading academics and practitioners in the fields of criminal justice, public law, privacy law, international law, and critical social theory. The collection offers genuinely multidisciplinary perspectives on the relationship between security and human rights. In addition to exploring how the demands of security might be reconciled with the protection of established rights, Security and Human Rights provides fresh insight into the broader legal and political challenges that lie ahead as states attempt to control crime, prevent terrorism, and protect their citizens. The volume features a set of new essays that engage with the most pressing questions facing security and human rights in the twenty-first century and is essential reading for all those working in the area.
Download or read book Data Protection without Data Protectionism written by Tobias Naef and published by Springer Nature. This book was released on 2023-01-13 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book offers a new account on the legal conflict between privacy and trade in the digital sphere. It develops a fundamental rights theory with a new right to continuous protection of personal data and explores the room for the application of this new right in trade law. Replicable legal analysis and practical solutions show the way to deal with cross-border data flows without violating fundamental rights and trade law principles. The interplay of privacy and trade became a topic of worldwide attention in the wake of Edward Snowden’s revelations concerning US mass surveillance. Based on claims brought forward by the activist Maximilian Schrems, the ECJ passed down two high-profile rulings restricting EU-US data flows. Personal data is relevant for a wide range of services that are supplied across borders and restrictions on data flows therefore have an impact on the trade with such services. After the two rulings by the ECJ, it is less clear then ever how privacy protection and trade can be brought together on an international scale. Although it was widely understood that the legal dispute over EU-US data flows concerns the broad application of EU data protection law, it has never been fully explored just how far the EU’s requirements for the protection of digital rights go and what this means beyond EU-US data flows. This book shows how the international effects of EU data protection law are rooted in the EU Charter of Fundamental Rights and that the architecture of EU law demands that the Charter as primary EU law takes precedence over international law. The book sets out to solve the problem of how the EU legal data transfer regime must be designed to implement the EU’s extraterritorial fundamental rights requirements without violating the principles of the WTO’s law on services. It also addresses current developments in international trade law – the conclusion of comprehensive trade agreements – and offers suggestion for the design of data flow clauses that accommodate privacy and trade.
Download or read book The Cambridge Handbook of Consumer Privacy written by Evan Selinger and published by Cambridge University Press. This book was released on 2018-04-02 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Businesses are rushing to collect personal data to fuel surging demand. Data enthusiasts claim personal information that's obtained from the commercial internet, including mobile platforms, social networks, cloud computing, and connected devices, will unlock path-breaking innovation, including advanced data security. By contrast, regulators and activists contend that corporate data practices too often disempower consumers by creating privacy harms and related problems. As the Internet of Things matures and facial recognition, predictive analytics, big data, and wearable tracking grow in power, scale, and scope, a controversial ecosystem will exacerbate the acrimony over commercial data capture and analysis. The only productive way forward is to get a grip on the key problems right now and change the conversation. That's exactly what Jules Polonetsky, Omer Tene, and Evan Selinger do. They bring together diverse views from leading academics, business leaders, and policymakers to discuss the opportunities and challenges of the new data economy.
Download or read book Mass Surveillance of Personal Data by EU Member States and Its Compatibiloity Eith EU Law written by Didier Bigo and published by . This book was released on 2013 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the disclosures surrounding PRISM and other US surveillance programmes, this paper assesses the large-scale surveillance practices by a selection of EU member states: the UK, Sweden, France, Germany and the Netherlands. Given the large-scale nature of these practices, which represent a reconfiguration of traditional intelligence gathering, the paper contends that an analysis of European surveillance programmes cannot be reduced to a question of the balance between data protection versus national security, but has to be framed in terms of collective freedoms and democracy. It finds that four of the five EU member states selected for in-depth examination are engaging in some form of large-scale interception and surveillance of communication data, and identifies parallels and discrepancies between these programmes and the NSA-run operations. The paper argues that these programmes do not stand outside the realm of EU intervention but can be analysed from an EU law perspective via i) an understanding of national security in a democratic rule of law framework where fundamental human rights and judicial oversight constitute key norms; ii) the risks posed to the internal security of the Union as a whole as well as the privacy of EU citizens as data owners and iii) the potential spillover into the activities and responsibilities of EU agencies. The paper then presents a set of policy recommendations to the European Parliament.
Download or read book Securing Private Communications written by Axel M. Arnbak and published by Kluwer Law International B.V.. This book was released on 2016-06-01 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has become glaringly clear that any communicative act online is subject to breach by intelligence agencies, cybercriminals, advertising networks, employers, and corporate data miners, to mention the most obvious intruders. Internet users, seeing no other choice than to hop onto the web-based bandwagon, have come to depend on a networked communications environment that is fundamentally insecure. Now lawmakers worldwide are gearing up to intervene. Arguing for a stricter stance on protecting private communications security, this groundbreaking study offers a conceptual and legislative toolkit leading to a step-by-step regulatory model in EU law. The proposed model is tested in two detailed case studies on HTTPS and cloud communications. From the interlocking perspectives of fundamental rights, systems design, and political organization, the regulatory model proposed is tested on HTTPS, which covers the user-provider relationship in web browsing, and on "cloud" communications that affect interdomain and intradomain communications. The case studies are based on the infamous DigiNotar breach and the MUSCULAR programme disclosed by whistle-blower Edward Snowden and contain original legal, security economics, and computer science research, conducted jointly with scholars trained in these disciplines. Responding to a general positive human right to communications security that is emerging from European fundamental rights law, this book not only provides one of the first interdisciplinary studies to appear in the academic literature on EU communications security law, but also offers broad recommendations to the EU lawmaker and gives directions for future research. It is sure to become a first point of discussion, reference, and legislative action for policymakers and practitioners in Europe and beyond.
Download or read book How International Law Works in Times of Crisis written by George Ulrich and published by Oxford University Press, USA. This book was released on 2019 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.
Download or read book Media Technologies written by Tarleton Gillespie and published by MIT Press. This book was released on 2014-01-24 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars from communication and media studies join those from science and technology studies to examine media technologies as complex, sociomaterial phenomena. In recent years, scholarship around media technologies has finally shed the assumption that these technologies are separate from and powerfully determining of social life, looking at them instead as produced by and embedded in distinct social, cultural, and political practices. Communication and media scholars have increasingly taken theoretical perspectives originating in science and technology studies (STS), while some STS scholars interested in information technologies have linked their research to media studies inquiries into the symbolic dimensions of these tools. In this volume, scholars from both fields come together to advance this view of media technologies as complex sociomaterial phenomena. The contributors first address the relationship between materiality and mediation, considering such topics as the lived realities of network infrastructure. The contributors then highlight media technologies as always in motion, held together through the minute, unobserved work of many, including efforts to keep these technologies alive. Contributors Pablo J. Boczkowski, Geoffrey C. Bowker, Finn Brunton, Gabriella Coleman, Gregory J. Downey, Kirsten A. Foot, Tarleton Gillespie, Steven J. Jackson, Christopher M. Kelty, Leah A. Lievrouw, Sonia Livingstone, Ignacio Siles, Jonathan Sterne, Lucy Suchman, Fred Turner
Download or read book Offshoring and the Internationalization of Employment written by Peter Auer and published by International Labour Organization. This book was released on 2006 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of papers examines key trends in the internationalisation of employment, drawing on the proceedings of an ILO conference held in Annecy, France in April 2005. The papers focus on three related issues: the impacts of trade and investment abroad, including the offshoring of production of goods and services, and effects on the winners and losers in terms of employment; adjustment methods for coping with the short and medium term problems related to the globalisation of employment; and the importance of international instruments to help ensure a level playing field in trade and promote development, drawing on established rights and international labour standards.
Download or read book Procedural Environmental Rights written by Jerzy Jendrośka and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Procedural Environmental Rights: Principle X in Theory and Practice' provides an overview of various aspects of the current status, development and practice of rights of access to information, public participation in decision-making and access to justice in environmental matters following their codification as non-binding principles in Principle X of the Rio Declaration.
