Surveillance by Intelligence Services

Surveillance by Intelligence Services

Author:

Publisher:

Published: 2017

Total Pages:

ISBN-13: 9789294918208

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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.


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.


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

Published: 2023-07-24

Total Pages: 237

ISBN-13: 9004677682

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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.


Mass surveillance - Who is watching the watchers?

Mass surveillance - Who is watching the watchers?

Author: Council of Europe

Publisher: Council of Europe

Published: 2016-04-27

Total Pages: 98

ISBN-13: 928718271X

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"They know where you got on the bus, where you went to work, where you slept, and what other cell phones slept with you." Edward Snowden The disclosures by Edward Snowden since June 2013 revealing mass surveillance and large-scale intrusion practices have provided compelling evidence of the existence of far-reaching, technologically advanced surveillance systems. Put in place by United States intelligence services and their partners in certain Council of Europe member states, these systems are aimed at collecting, storing and analysing communication data, including content, location and other metadata, on a massive scale. In several countries, a massive “surveillance-industrial complex” has evolved, which risks escaping democratic control and accountability and threatens the free and open character of our societies. The surveillance practices disclosed endanger fundamental human rights, including the rights to privacy, freedom of information and expression, and the rights to a fair trial and freedom of religion. Given the threat such surveillance techniques pose, how can states uphold these fundamental rights and ensure the protection of privacy and Internet safety in the digital age? This book presents, in its first part, the report of the Parliamentary Assembly of the Council of Europe and, in its second part, the legal expertise of the European Commission for Democracy through Law (the Venice Commission).