Data Retention In Europe And Beyond
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Data Retention In Europe And Beyond
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2025-02-18
Data Retention In Europe And Beyond written by 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 2025-02-18 with Law categories.
In the aftermath of the invalidated Data Retention Directive, the Court of Justice of the European Union (CJEU) published extensive case law that shaped the rules, requirements, and safeguards on the retention of traffic and location data and their subsequent access for law enforcement purposes in accordance with EU law. Against this backdrop, Data Retention in Europe and Beyond unites leading scholars and practitioners to offer a cutting-edge and multifaceted analysis of issues relating to data retention. The chapters in this book explore the development of the EU case law, the interaction with European Court of Human Rights (ECtHR) jurisprudence, the interplay between data retention and mass surveillance, the proportionality principle in the CJEU jurisprudence rulings, and data retention in the proposed ePrivacy Regulation. The book offers eleven country-specific analyses of European Member States as well as chapters on the data protection regimes of India, Japan, and the US. Further chapters examine the role of the courts in the context of data retention and discuss epistemic (in)justice. The book also contains extensive contributions on automated analysis of retained data by means of algorithms, and retention as intrinsic facet of administrative and surveillance vulnerability. Comprehensive and informative, this volume not only provides a critical assessment of legal and policy developments, but also will inform policymakers on the potential future for data retention regulation in the European Union and beyond.
Histories Of State Surveillance In Europe And Beyond
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Author : Kees Boersma
language : en
Publisher: Routledge
Release Date : 2014-05-09
Histories Of State Surveillance In Europe And Beyond written by Kees Boersma and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-09 with Social Science categories.
Does the development of new technology cause an increase in the level of surveillance used by central government? Is the growth in surveillance merely a reaction to terrorism, or a solution to crime control? Are there more structural roots for the increase in surveillance? This book attempts to find some answers to these questions by examining how governments have increased their use of surveillance technology. Focusing on a range of countries in Europe and beyond, this book demonstrates how government penetration into private citizens' lives was developing years before the ‘war on terrorism.’ It also aims to answer the question of whether central government actually has penetrated ever deeper into the lives of private citizens in various countries inside and outside of Europe, and whether citizens are protected against it, or have fought back. The main focus of the volume is on how surveillance has shaped the relationship between the citizen and the State. The contributors and editors of the volume look into the question of how central government came to intrude on citizens’ private lives from two perspectives: identification card systems and surveillance in post-authoritarian societies. Their aim is to present the heterogeneity of the European historical surveillance past in the hope that this might shed light on current trends. Essential reading for criminologists, sociologists and political scientists alike, this book provides some much-needed historical context on a highly topical issue.
Populist Challenges To Constitutional Interpretation In Europe And Beyond
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Author : Fruzsina Gárdos-Orosz
language : en
Publisher: Routledge
Release Date : 2021-05-03
Populist Challenges To Constitutional Interpretation In Europe And Beyond written by Fruzsina Gárdos-Orosz and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-03 with Business & Economics categories.
This book explores the relationship between populism or populist regimes and constitutional interpretation used in those regimes. The volume discusses the question of whether contemporary populist governments and movements have developed, or encouraged new and specific constitutional theories, doctrines and methods of interpretation, or whether their constitutional and other high courts continue to use the old, traditional interpretative tools in constitutional adjudication. The book is divided into four parts. Part I contains three chapters elaborating the theoretical basis for the discussion. Part II examines the topic from a comparative perspective, representing those European countries where populism is most prevalent, including Austria, Croatia, the Czech Republic, Greece, Hungary, Italy, Poland, Romania, Spain, and the United Kingdom. Part III extends the focus to the United States, reflecting how American jurisprudence and academia have produced the most important contributions to the theory of constitutional interpretation, and how recent political developments in that country might challenge the traditional understanding of judicial review. This section also includes a general overview on Latin America, where there are also some populist governments and strong populist movements. Finally, the editors’ closing study analyses the outcomes of the comparative research, summarizing the conclusions of the book. Written by renowned national constitutional scholars, the book will be essential reading for students, academics and researchers working in Constitutional Law and Politics. Chapter 1 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Data Protection Beyond Borders
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Author : Federico Fabbrini
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-02-11
Data Protection Beyond Borders written by Federico Fabbrini and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-11 with Law categories.
This timely book examines crucial developments in the field of privacy law, efforts by legal systems to impose their data protection standards beyond their borders and claims by states to assert sovereignty over data. By bringing together renowned international privacy experts from the EU and the US, the book provides an accurate analysis of key trends and prospects in the transatlantic context, including spaces of tensions and cooperation between the EU and the US in the field of data protection law. The chapters explore recent legal and policy developments both in the private and law enforcement sectors, including recent rulings by the Court of Justice of the EU dealing with Google and Facebook, recent legislative initiatives in the EU and the US such as the CLOUD Act and the e-evidence proposal, as well as ongoing efforts to strike a transatlantic deal in the field of data sharing. All of the topics are thoroughly examined and presented in an accessible way that will appeal to scholars in the fields of law, political science and international relations, as well as to a wider and non-specialist audience. The book is an essential guide to understanding contemporary challenges to data protection across the Atlantic.
Institutionalisation Beyond The Nation State
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Author : Elaine Fahey
language : en
Publisher: Springer
Release Date : 2018-04-26
Institutionalisation Beyond The Nation State written by Elaine Fahey and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-26 with Law categories.
This volume collects papers that explore institutionalisation in contemporary transatlantic relations. Policymakers, lawyers, and political scientists reflect on contemporary understandings of the process as an integration of regimes and orders from an EU perspective. The papers assess whether contemporary transatlantic relations call for a different approach to global governance with a heightened emphasis on institutionalisation. The book explores a diverse range of case studies of interest to a broad readership. In particular, it focuses upon two cutting-edge issues: transatlantic data privacy rules that are emerging after the post-Edward Snowdon / NSA / PRISM revelations; and trade aspects, especially the Transatlantic Trade and Investment Partnership (TTIP) Agreement. The contributors consider these case studies from a variety of perspectives, honing in on the dynamism, method, and high politics of transatlantic relations as they have recently evolved. They critically explore the commonly held assumption that transatlantic relations have historically been considered quasi-institutionalised at best or, at worst, lacking in terms of laws and institutions. Is institutionalisation a useful meeting point for all disciplines? Does it explain regional integration meaningfully across subjects? Can institutionalisation serve to promote accountability and good governance? Contributors across disciplines and subjects address these increasingly challenging and salient questions.
Research Handbook On Eu Criminal Law
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Author : Valsamis Mitsilegas
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-12-09
Research Handbook On Eu Criminal Law written by Valsamis Mitsilegas and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-12-09 with Law categories.
This thoroughly revised second edition provides an advanced analysis of EU criminal law as a structurally and constitutionally distinct policy area and field of research. EU criminal law is one of the fastest evolving and most challenging fields of law and this Research Handbook contains new and substantially updated chapters to assess recent legislative developments and CJEU case law.
Privacy Due Process And The Computational Turn
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Author : Mireille Hildebrandt
language : en
Publisher: Routledge
Release Date : 2013-06-03
Privacy Due Process And The Computational Turn written by Mireille Hildebrandt and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-03 with Computers categories.
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.
Immigration And Privacy In The Law Of The European Union
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Author : Niovi Vavoula
language : en
Publisher: BRILL
Release Date : 2022-09-12
Immigration And Privacy In The Law Of The European Union written by Niovi Vavoula and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-12 with Law categories.
In this book, Niovi Vavoula examines the privacy challenges raised by the establishment, operation and reconfiguration of EU-wide information systems that store personal data, including biometrics, of different categories of third-country nationals that may be used for various immigration related and law enforcement purposes. The monograph analyses both the currently operational databases – Schengen Information System (SIS), Visa Information System (VIS) and Eurodac – and forthcoming systems – Entry/Exit System (EES), European Travel Information and Authorisation Systems (ETIAS) and European Criminal Record Information System for Third-Country Nationals (ECRIS-TCN) – as well as their future interoperability. To assess the compatibility of legal instruments governing information systems and their interoperability with the right to respect for private life, the author calls for the centrality of privacy as the appropriate lens through which instruments involving the processing of personal data should be viewed and offers a typology of privacy standards based on relevant case law by the Strasbourg and Luxemburg Courts. "This is a ground-breaking book, the first comprehensive analysis of the growing interrelationship between immigration law and privacy law. The book is essential reading for academics, policy makers and legal practitioners working in these fields, and will lead in informing the debate on the relationship between security and human rights in Europe. Rigorous and ambitious, the book will become a reference point in the field." Professor Valsamis Mitsilegas, Professor of Criminal Law and Global Security, Queen Mary and Westfield School of Law, London.
Beyond Territoriality
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Author : Gunther Handl
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012
Beyond Territoriality written by Gunther Handl and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
This book traces the evolution of transnational legal authority in the course of globalization. Representative case studies buttress its conclusion that today transnational authority is multifaceted, a phenomenon that renders unreliable the concepts of territoriality/extraterritoriality as global governance markers.
Moving Beyond Barriers
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Author : Sandra Seubert
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018
Moving Beyond Barriers written by Sandra Seubert and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Citizenship categories.
This book identifies, analyses and compares a variety of possible ‘barriers’ to the exercise of European citizenship and discusses ways to move beyond these barriers. It contributes in a multi-disciplinary way to a highly topical issue and offers new perspectives on EU citizenship in the sense that it critically analyses concepts of citizenship, the way EU citizenship is politically, legally and socially institutionalized, and elaborates alternatives to the current paths of realizing EU citizenship.