Surveillance and Privacy in the Digital Age: European, Transatlantic and Global Perspectives (Hart Studies in European Criminal Law)

"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"-- Provided by publisher Cover Half title Series title Title Copyright Contents List Of Contributors Introduction: Protecting Privacy in the Digital Age: European, Transatlantic and Global Challenges Part 1 | The Challenge Of Digital Evidence 1 | Cross-Border Access and Exchange of Digital Evidence: Cloud Computing Challenges to Human Rights and the Rule of Law I | Introduction II | Cross-Border Access to Evidence Stored in the Cloud III | Two Approaches to Cross-Border Access to Clouds: EU v US IV | Should it Matter where '0s' and '1s' are Stored? 2 | Sword, Shield and Cloud: Toward a European System of Public-Private Orders for Electronic Evidence in Criminal Matters? I | Introduction II | Local Enforcers on a Globalised Crime Scene III | The E-Evidence Proposals IV | The Place of E-Evidence in a Complex Regulatory Field: Added Value, Necessity and Proportionality V | Conclusion 3 | The Commission's E-Evidence Initiative: Harmonising EU Rules on Access to Electronic Evidence I | Introduction II | The Challenge III | The EU's Proposed Solution: The E-Evidence Package IV | Potential Reforms to the E-Evidence Regulation V | Conclusion 4 | The US CLOUD Act: Legislation that is Bad for Human Rights I | Introduction II | Mutual Legal Assistance Treaties III | The CLOUD Act IV | Recommendations for US Companies V | Conclusion Part 2 | New Surveillance Challenges 5 | The Privatisation of Surveillance in the Digital Age I | Introduction II | Retaining III | Transferring and 'Making Available' IV | Removing V | (Post-Covid) Tracking and Tracing VI | Conclusion: Transforming Duties, Transforming Rights? The Privatisation of Surveillance in the Digital Age 6 | Interoperability of EU Information Systems in a 'Panopticon' Union: A Leap Towards Maximised Use of Third-Country Nationals' Data or a Step Backwards in the Protection of Fundamental Rights? I | Introduction II | The Complex Landscape of EU Centralised Databases for Third-Country Nationals III | Compartmentalisation is Dead! Long Live Interoperability IV | Interoperability: The Messy 'Glue' that Will Bind Information Systems V | Interoperability: A Bottomless Barrel? VI | Conclusion 7 | Privacy and Surveillance in a Digital Era: Transnational Implications of China's Surveillance State I | Introduction II | Change and Continuity in the Construction of Digital China III | Transnational Implications for the European Union IV | Conclusion Part 3 | Human Rights Responses 8 | Mapping Limitations on State Surveillance through the UN Human Rights Instruments I | Introduction II | The UN System: Binding International Norms? III | The Right to Privacy in UN Human Rights Law IV | The OHCHR Report: The Right to Privacy in the Digital Age V | What is the Importance of the Report? VI | Applying and Enforcing the UN Standards on the Right to Privacy VII | Conclusion 9 | Data Protection and Surveillance: The Perspective of EU Law I | Introduction II | The Changing Landscape of Privacy and Surveillance in the European Union III | Proportionality in the Case Law of the CJEU on Privacy and Surveillance IV | The Focus of the Data Protection Reform: Accountable Organisations V | The Contributions of Data Protection Authorities VI | The Limitations of the European Union VII | Conclusion: The Need for New Perspectives for Balancing Privacy and Security/Surveillance 10 | One European Legal Framework for Surveillance: The ECtHR's Expanded Legality Testing Copied by the CJEU I | Introduction – From Interception to Bulk Surveillance: Reading Across and Amending the Principles II | First Formulation of the European Human Rights Framework for Surveillance: Klass v Germany III | Deepening First Understandings in the Context of Criminal Law and Police Needs for Metadata: Malone v the United Kingdom IV | Perfecting Malone's Legality Framework for Telephone Surveillance: Huvig v France V | Creating a Complementary Framework with Fainter Legality Limits for Fainter Surveillance: Uzun v Germany VI | Creating a Coherent Framework for Surveillance not Present in Klass: Weber and Saravia v Germany and Big Brother Watch v the United Kingdom VII | A Difficulty with the Framework Remains: When to Apply 'Huvig-Light' for Less Intrusive Surveillance? VIII | Narrowing the Margin of Discretion for Introducing Surveillance? Segerstedt-Wiberg and Others v Sweden IX | Segerstedt-Wiberg: Adding Strict Scrutiny to Klass X | Notification: From Valuable to Essential (Part of the Huvig/Weber Package?) XI | If Notification is so Valuable, Why is it Missing in Many Criminal and Other Law Provisions? XII | The CJEU Influence to the Surveillance Testing (Digital Rights Ireland, Tele2, Opinion 1/15) XIII | A Pragmatic ECtHR in Big Brother Watch and Centrum För Rättvisa: Rejecting the CJEU? XIV | Synthesis: The Evolution of the ECtHR Case Law from Klass to Nowadays Afterword Index