EU Data Privacy Law and Serious Crime
EU Data Privacy Law and Serious Crime

Author: Nora Ni Loideain

Publisher: Oxford University Press, USA

Published: 2020-07-14

Total Pages: 280

ISBN-13: 9780198837169

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This book provides the first comprehensive doctrinal and comparative study to examine the influence of the fundamental human right to respect for private life on data retention within EU law, specifically communications data and passenger name record data, for the purpose of countering serious crime. First, it is the only academic publication that offers a complete picture of the EU's institutions, not just the Court of Justice of the EU, at work in a legally and politically sensitive field from a variety of perspectives, thereby contributing to a scholarly understanding of topics which tend to attract generalized opinions not based on detailed analysis of law and practice in specific areas. Secondly, this original analysis of EU data retention law casts a spotlight on the real and actual extent of the weight now being given in the mainstreaming of fundamental rights within the EU policymaking process, providing a more complete picture of the role and impact of human rights on this area of law and policymaking. Thirdly, this book is the only work to outline and examine in detail the impact of the tensions and dialogue between the EU and European Convention on Human Rights (ECHR) legal systems within the case law of both courts on data privacy and serious crime. In addition, this book also sets out the implications of the above analysis, and recent landmark jurisprudence on Article 8 ECHR and Articles 7 and 8 of the EU Charter of Fundamental Rights, for new related EU legislation, including Directive 2016/680 on data processing for the purposes of the prevention, investigation, detection or prosecution of criminal offences and relevant provisions of the forthcoming E-Privacy Regulation.

Privacy, Due Process and the Computational Turn
Privacy, Due Process and the Computational Turn

Author: Mireille Hildebrandt

Publisher: Routledge

Published: 2013-06-03

Total Pages: 266

ISBN-13: 1134619154

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Privacy, Due process and the Computational Turn: The Philosophy of Law Meets the Philosophy of Technology engages with the rapidly developing computational aspects of our world including data mining, behavioural advertising, iGovernment, profiling for intelligence, customer relationship management, smart search engines, personalized news feeds, and so on in order to consider their implications for the assumptions on which our legal framework has been built. The contributions to this volume focus on the issue of privacy, which is often equated with data privacy and data security, location privacy, anonymity, pseudonymity, unobservability, and unlinkability. Here, however, the extent to which predictive and other types of data analytics operate in ways that may or may not violate privacy is rigorously taken up, both technologically and legally, in order to open up new possibilities for considering, and contesting, how we are increasingly being correlated and categorizedin relationship with due process – the right to contest how the profiling systems are categorizing and deciding about us.

Handbook on European data protection law
Handbook on European data protection law

Author: Council of Europe

Publisher: Council of Europe

Published: 2018-04-15

Total Pages: 402

ISBN-13: 9287198497

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The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.

Exchange of Information and Data Protection in Cross-border Criminal Proceedings in Europe
Exchange of Information and Data Protection in Cross-border Criminal Proceedings in Europe

Author: Ángeles Gutiérrez Zarza

Publisher: Springer

Published: 2016-08-23

Total Pages: 0

ISBN-13: 9783662512593

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In the past 10 years, the Member States of the European Union (EU) have intensified their exchange of information for the purposes of preventing and combating serious cross-border crime, as manifested in three main aspects. Firstly, there is a need to ensure the practical application of innovative principles (availability, mutual recognition) and concepts (Information Management Strategy, European Information Exchange Model) for tackling criminal organisations and networks that threaten the Internal Security of the EU. Secondly, there has been a gradual consolidation of EU agencies and bodies (Eurojust, Europol) aimed at promoting cooperation and dialogue among law enforcement officials and judicial authorities responsible for preventing and combating drug trafficking, trafficking in human beings, child pornography, and other serious trans-national offences. Thirdly, important EU information systems and databases (Prüm, SIS-II, ECRIS) have been created, enabling law enforcement and judicial authorities to gain access to essential information on criminal phenomena and organisations. Pursuing a practice-orientated approach, this work provides comprehensive coverage of all these measures, as well as the applicable rules governing data quality, data protection and data security. It is especially intended for law enforcement and judicial authorities who need to develop the appropriate expertise for the practical application of the above-mentioned principles. It also offers a solid basis of practical training material for police training centres and judicial schools.

The Right to Erasure in EU Data Protection Law
The Right to Erasure in EU Data Protection Law

Author: Jef Ausloos

Publisher:

Published: 2020

Total Pages:

ISBN-13: 9780192587220

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The right to erasure (or ""right to be forgotten"") has become a major flashpoint in the courts and public opinion of the potential and limits of data protection law to empower individuals to control their data. This is the first book to focus on the right to erasure in the context of Article 17 of the GDPR, its theory, history, and legal scope.

Emerging Challenges in Privacy Law
Emerging Challenges in Privacy Law

Author: Normann Witzleb

Publisher: Cambridge University Press

Published: 2014-04-17

Total Pages: 469

ISBN-13: 1107041678

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Prominent privacy law experts, regulators and academics examine contemporary legal approaches to privacy from a comparative perspective.

Organized Crime Legislation in the European Union
Organized Crime Legislation in the European Union

Author: Francesco Calderoni

Publisher: Springer Science & Business Media

Published: 2010-06-09

Total Pages: 201

ISBN-13: 3642043313

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Just a few months after the entry into force of the EU Framework Decision on the fight against organized crime, this book provides an unprecedented analysis of the national and European legislation on organized crime. The book provides a critical examination of the European policies and legal instruments to promote the harmonization and approximation of criminal law in this field (including the United Nations Convention on Transnational Organized Crime). The current level of harmonization among EU Member States and the approximation to the standards of the new Framework Decision are discussed in detail, with the help of tables, graphs and maps. The results highlight the problems surrounding the international legal instruments and the inconsistencies of the national approaches to combating organized crime.

Cybersecurity, Privacy and Data Protection in EU Law
Cybersecurity, Privacy and Data Protection in EU Law

Author: Maria Grazia Porcedda

Publisher: Bloomsbury Publishing

Published: 2023-03-23

Total Pages: 422

ISBN-13: 1509939415

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Is it possible to achieve cybersecurity while safeguarding the fundamental rights to privacy and data protection? Addressing this question is crucial for contemporary societies, where network and information technologies have taken centre stage in all areas of communal life. This timely book answers the question with a comprehensive approach that combines legal, policy and technological perspectives to capture the essence of the relationship between cybersecurity, privacy and data protection in EU law. The book explores the values, interconnections and tensions inherent to cybersecurity, privacy and data protection within the EU constitutional architecture and its digital agendas. The work's novel analysis looks at the interplay between digital policies, instruments including the GDPR, NIS Directive, cybercrime legislation, e-evidence and cyber-diplomacy measures, and technology as a regulatory object and implementing tool. This original approach, which factors in the connections between engineering principles and the layered configuration of fundamental rights, outlines all possible combinations of the relationship between cybersecurity, privacy and data protection in EU law, from clash to complete reconciliation. An essential read for scholars, legal practitioners and policymakers alike, the book demonstrates that reconciliation between cybersecurity, privacy and data protection relies on explicit and brave political choices that require an active engagement with technology, so as to preserve human flourishing, autonomy and democracy.

The Risk-Based Approach to Data Protection
The Risk-Based Approach to Data Protection

Author: Raphaël Gellert

Publisher: Oxford University Press, USA

Published: 2020-10-06

Total Pages: 305

ISBN-13: 0198837712

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The concept of a risk-based approach to data protection came to the fore during the overhaul process of the EU's General Data Protection Regulation (GDPR). At its core, it consists of endowing the regulated organizations that process personal data with increased responsibility for complying with data protection mandates. Such increased compliance duties are performed through risk management tools. This book provides a comprehensive analysis of this legal and policy development, which considers a legal, historical, and theoretical perspective. By framing the risk-based approach as a sui generis implementation of a specific regulation model known as meta regulation, this book provides a recollection of the policy developments that led to the adoption of the risk-based approach in light of regulation theory and debates. It also discusses a number of salient issues pertaining to the risk-based approach, such as its rationale, scope, and meaning; the role for regulators; and its potential and limits. The book also looks at they way it has been undertaken in major statutes with a focus on key provisions, such as data protection impact assessments or accountability. Finally, the book devotes considerable attention to the notion of risk. It explains key terms such as risk assessment and management. It discusses in-depth the role of harms in data protection, the meaning of a data protection risk, and the difference between risks and harms. It also critically analyses prevalent data protection risk management methodologies and explains the most important caveats for managing data protection risks.

Cybersecurity in Poland
Cybersecurity in Poland

Author: Katarzyna Chałubińska-Jentkiewicz

Publisher: Springer Nature

Published: 2022

Total Pages: 506

ISBN-13: 3030785513

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This open access book explores the legal aspects of cybersecurity in Poland. The authors are not limited to the framework created by the NCSA (National Cybersecurity System Act - this act was the first attempt to create a legal regulation of cybersecurity and, in addition, has implemented the provisions of the NIS Directive) but may discuss a number of other issues. The book presents international and EU regulations in the field of cybersecurity and issues pertinent to combating cybercrime and cyberterrorism. Moreover, regulations concerning cybercrime in a few select European countries are presented in addition to the problem of collision of state actions in ensuring cybersecurity and human rights. The advantages of the book include a comprehensive and synthetic approach to the issues related to the cybersecurity system of the Republic of Poland, a research perspective that takes as the basic level of analysis issues related to the security of the state and citizens, and the analysis of additional issues related to cybersecurity, such as cybercrime, cyberterrorism, and the problem of collision between states ensuring security cybernetics and human rights. The book targets a wide range of readers, especially scientists and researchers, members of legislative bodies, practitioners (especially judges, prosecutors, lawyers, law enforcement officials), experts in the field of IT security, and officials of public authorities. Most authors are scholars and researchers at the War Studies University in Warsaw. Some of them work at the Academic Centre for Cybersecurity Policy - a thinktank created by the Ministry of National Defence of the Republic of Poland. .