Access To Electronic Data By Third Country Law Enforcement Authorities
DOWNLOAD
Download Access To Electronic Data By Third Country Law Enforcement Authorities PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Access To Electronic Data By Third Country Law Enforcement Authorities book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Access To Electronic Data By Third Country Law Enforcement Authorities
DOWNLOAD
Author : Gloria González Fuster
language : en
Publisher:
Release Date : 2016-07
Access To Electronic Data By Third Country Law Enforcement Authorities written by Gloria González Fuster and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07 with Law categories.
This study examines the challenges to European law posed by third-country access to data held by private companies for purposes of law-enforcement investigations in criminal proceedings. The proliferation of electronic communications is putting cloud-computing companies under severe strain from multiple demands from the authorities to acquire access to such data. A key challenge for the EU emerges when third-country authorities request access to data held by private companies under EU jurisdiction outside pre-established channels of cooperation, in particular outside Mutual Legal Assistance (MLA) treaties. The EU concluded an MLA agreement with the United States in 2003, which sets the rules and procedures for lawful and legitimate access to evidence. A key distinguishing feature of the MLA-led process is that any request for access to data is "mediated" by or requires the consent of the state authority to whom the request is submitted as well as scrutiny by an independent judicial authority. Special focus is given to practical issues emerging in EU-US relations covering mutual legal assistance and evidence-gathering for law enforcement purposes in criminal proceedings. The fundamental question guiding this enquiry is how best to ensure that the rule of law and trust-based methods are respected in these proceedings. The authors carried out a detailed survey of the main EU legal instruments and their standards, underlining their direct relevance for assessing the lawfulness and legitimacy of access to data. They then outline three possible scenarios for the future and put forward a set of policy recommendations for addressing these challenges.
Eu Criminal Law
DOWNLOAD
Author : Valsamis Mitsilegas
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-05-05
Eu Criminal Law written by Valsamis Mitsilegas and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-05 with Law categories.
This is the second edition of EU Criminal Law, which has become since its publication in 2009 a key point of reference in the field. The second edition is updated and substantially expanded, to take into account the significant growth of EU criminal law as a distinct legal field and the impact of the entry into force of the Lisbon Treaty on European integration in criminal matters. The book offers a holistic and in-depth analysis of the key elements of European integration in criminal matters, including EU powers and competence to criminalise, the evolution of judicial co-operation under the principles of mutual recognition and mutual trust, EU action in the field of criminal procedure including legislation on the rights of the defendant and the victim, the evolving role of European bodies and agencies (such as Europol, Eurojust and the European Public Prosecutor's Office) in European criminal law, and the development of EU-wide surveillance and data gathering and exchange mechanisms. Several chapters are devoted to the external dimension of EU action in criminal matters (including transatlantic counter-terrorism cooperation and the impact of Brexit on EU Criminal Law) Throughout the volume, the constitutional and fundamental rights implications of European integration in criminal matters are highlighted. Covering all the key principles of EU law, with clear explanation and rigorous analysis, this will give scholars, students, policy makers and legal practitioners interested in the subject a strong understanding of this fascinating but sometimes complex field.
The Fight Against Impunity In Eu Law
DOWNLOAD
Author : Luisa Marin
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-11-26
The Fight Against Impunity In Eu Law written by Luisa Marin and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-26 with Law categories.
The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication? This timely first piece of comprehensive research aims to to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. In recent years, the fight against impunity has become a pressing concern for the European institutions. It has shaped several EU policies and has led to a recurring argument in the case law of the Court of Justice. The book sheds light on this elusive notion, providing a much needed conceptual appraisal. The first section examines the scope of the notion of impunity, and its role in the EU decision-making process and in the development of EU competences. Subsequent sections discuss the implications of impunity - and of the fight against it - in a variety of complementary domains, namely the allocation of criminal jurisdiction, mutual recognition instruments, the rise of new surveillance technologies and the external dimension of the Area of Freedom, Security and Justice. This book is an original and timely contribution to scholarship, which is of interest to academics, researchers and policy-makers alike.
Bulk Collection
DOWNLOAD
Author : Fred H. Cate
language : en
Publisher: Oxford University Press
Release Date : 2017-09-08
Bulk Collection written by Fred H. Cate and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-08 with Law categories.
This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. This book is the culmination of nearly six years of research initiated by Fred Cate and Jim Dempsey to examine national practices and laws regarding systematic government access to personal information held by private-sector companies. Leading an effort sponsored by The Privacy Projects, they commissioned a series of country reports, asking national experts to uncover what they could about government demands on telecommunications providers and other private-sector companies to disclose bulk information about their customers. Their initial research found disturbing indications of systematic access in countries around the world. These data collection programs, often undertaken in the name of national security, were cloaked in secrecy and largely immune from oversight, posing serious threats to personal privacy. After the Snowden leaks confirmed these initial findings, the project morphed into something more ambitious: an effort to explore what should be the rules for government access to private-sector data, and how companies should respond to government demands for access. This book contains twelve updated country reports plus eleven analytic chapters that present descriptive and normative frameworks for assessing national surveillance laws, survey evolving international law and human rights principles applicable to government surveillance, and describe oversight mechanisms. It also explores the concept of accountability and the role of encryption in shaping the surveillance debate. Cate and Dempsey conclude by offering recommendations for both governments and industry.
Data Protection And Privacy Under Pressure
DOWNLOAD
Author : Gert Vermeulen
language : en
Publisher: Maklu
Release Date : 2017-12-04
Data Protection And Privacy Under Pressure written by Gert Vermeulen and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-04 with Data protection categories.
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.
Eccws2016 Proceedings Fo The 15th European Conference On Cyber Warfare And Security
DOWNLOAD
Author : Robert Koch
language : en
Publisher: Academic Conferences and publishing limited
Release Date : 2016-06-15
Eccws2016 Proceedings Fo The 15th European Conference On Cyber Warfare And Security written by Robert Koch and has been published by Academic Conferences and publishing limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-15 with Education categories.
These proceedings represent the work of researchers participating in the 15th European Conference on Cyber Warfare and Security (ECCWS 2016) which is being hosted this year by the Universitat der Bundeswehr, Munich, Germany on the 7-8 July 2016. ECCWS is a recognised event on the International research conferences calendar and provides a valuable plat-form for individuals to present their research findings, display their work in progress and discuss conceptual and empirical advances in the area of Cyberwar and Cyber Security. It provides an important opportunity for researchers and managers to come together with peers to share their experiences of using the varied and ex-panding range of Cyberwar and Cyber Security research available to them. With an initial submission of 110 abstracts, after the double blind, peer review process there are 37 Academic research papers and 11 PhD research papers, 1 Master's research paper, 2 Work In Progress papers and 2 non-academic papers published in these Conference Proceedings. These papers come from many different coun-tries including Austria, Belgium, Canada, Czech Republic, Finland, France, Germany, Greece, Hungary, Ireland, Kenya, Luxembourg, Netherlands, Norway, Portugal, Romania, Russia, Slovenia, South Africa, Sweden, Turkey, UK and USA. This is not only highlighting the international character of the conference, but is also promising very interesting discussions based on the broad treasure trove of experience of our community and partici-pants."
Community Interests Across International Law
DOWNLOAD
Author : Eyal Benvenisti
language : en
Publisher: Oxford University Press
Release Date : 2018-05-17
Community Interests Across International Law written by Eyal Benvenisti and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-17 with Law categories.
This book explores the extent to which contemporary international law expects states to take into account the interests of others - namely third states or their citizens - when they form and implement their policies, negotiate agreements, and generally conduct their relations with other states. It systematically considers the various manifestations of what has been described as 'community interests' in many areas regulated by international law and observes how the law has evolved from a legal system based on more or less specific consent and aimed at promoting particular interests of states, to one that is more generally oriented towards collectively protecting common interests and values. Through essays by experts in the field, this book explores topics such as the sources of international law and the institutional aspects of developing the law and covers a range of areas within the law.
Surveillance And Privacy In The Digital Age
DOWNLOAD
Author : Valsamis Mitsilegas
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-04-22
Surveillance And Privacy In The Digital Age written by Valsamis Mitsilegas and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-22 with Law categories.
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.
The European Union As Guardian Of Internet Privacy
DOWNLOAD
Author : Hielke Hijmans
language : en
Publisher: Springer
Release Date : 2016-09-06
The European Union As Guardian Of Internet Privacy written by Hielke Hijmans and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-06 with Law categories.
This book examines the role of the EU in ensuring privacy and data protection on the internet. It describes and demonstrates the importance of privacy and data protection for our democracies and how the enjoyment of these rights is challenged by, particularly, big data and mass surveillance. The book takes the perspective of the EU mandate under Article 16 TFEU. It analyses the contributions of the specific actors and roles within the EU framework: the judiciary, the EU legislator, the independent supervisory authorities, the cooperation mechanisms of these authorities, as well as the EU as actor in the external domain. Article 16 TFEU enables the Court of the Justice of the EU to play its role as constitutional court and to set high standards for fundamental rights protection. It obliges the European Parliament and the Council to lay down legislation that encompasses all processing of personal data. It confirms control by independent supervisory authorities as an essential element of data protection and it gives the EU a strong mandate to act in the global arena. The analysis shows that EU powers can be successfully used in a legitimate and effective manner and that this subject could be a success story for the EU, in times of widespread euroskepsis. It demonstrates that the Member States remain important players in ensuring privacy and data protection. In order to be a success story, the key stakeholders should be prepared to go the extra mile, so it is argued in the book. The book is based on academic research for which the author received a double doctorate at the University of Amsterdam and the Vrije Universiteit Brussels. It builds on a long inside experience within the European institutions, as well as within the community of data protection and data protection authorities. It is a must read in a time where the setting of EU privacy and data protection is changing dramatically, not only as a result of the rapidly evolving information society, but also because of important legal developments such as the entry into force of the General Data Protection Regulation. This book will appeal to all those who are in some way involved in making this regulation work. It will also appeal to people interested in the institutional framework of the European Union and in the role of the Union of promoting fundamental rights, also in the wider world.
Engaging Privacy And Information Technology In A Digital Age
DOWNLOAD
Author : National Research Council
language : en
Publisher: National Academies Press
Release Date : 2007-07-28
Engaging Privacy And Information Technology In A Digital Age written by National Research Council and has been published by National Academies Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-07-28 with Computers categories.
Privacy is a growing concern in the United States and around the world. The spread of the Internet and the seemingly boundaryless options for collecting, saving, sharing, and comparing information trigger consumer worries. Online practices of business and government agencies may present new ways to compromise privacy, and e-commerce and technologies that make a wide range of personal information available to anyone with a Web browser only begin to hint at the possibilities for inappropriate or unwarranted intrusion into our personal lives. Engaging Privacy and Information Technology in a Digital Age presents a comprehensive and multidisciplinary examination of privacy in the information age. It explores such important concepts as how the threats to privacy evolving, how can privacy be protected and how society can balance the interests of individuals, businesses and government in ways that promote privacy reasonably and effectively? This book seeks to raise awareness of the web of connectedness among the actions one takes and the privacy policies that are enacted, and provides a variety of tools and concepts with which debates over privacy can be more fruitfully engaged. Engaging Privacy and Information Technology in a Digital Age focuses on three major components affecting notions, perceptions, and expectations of privacy: technological change, societal shifts, and circumstantial discontinuities. This book will be of special interest to anyone interested in understanding why privacy issues are often so intractable.