Privacy and Data Protection in the EU Security Continuum

International Journal of Research -GRANTHAALAYAH

The era of globalization and digitalization have become a necessary process for the legal and legal regulation of human rights. This is taken into account by the fact that technological-technological advances have increased fears of human rights violations. This is especially noteworthy in communication tools, the internet and so on. With the intent, protection of personal data and privacy In the international sphere, the EU has made the coding of the protection of personal data through Directive no. 95/96 EC, which entered into force on 24 October 1995, then the ECHR, the European Commission proposal, January 2012, on the reform of the European Data Protection Regulations, which was formulated in the Regulation which came into force on 24 May, 2016 and the General Directive, which entered into force on May 5, 2016. However, according to surveys made with EU citizens, credibility for the protection of personal data from EU institutions and those of member states is below the minimum...

International Review of Law, Computers & Technology, 2007

Authors: Arianna Vedaschi and Valerio Lubello Source: Tilburg Law Review, Volume 20, Issue 1, pages 14 – 34 The Data Retention Directive is one of the most controversial acts adopted by the eu. The storage of an indeterminate amount of data – concerning every citizen of the eu – requires finding a balance between the need to fight terrorism and the rights to privacy and data protection, as declared in the Charter of Fundamental Rights of the eu, the echr, and by the common constitutional values shared by Member States. According to the cjeu (joined cases C-293/12 and C-594/12), the Directive ‘treats everyone as a suspect’, ‘monitors everyone’ and ‘puts everyone under surveillance’ and represents a ‘serious interference’ to citizens’ rights to privacy.The aim of this paper is to define – through a comparative analysis – the main features of the cjeu balancing process, trying to assess possible future scenarios for data retention in the European and domestic legal frameworks. The challenge remains the same: how to prevent serious crime and terrorism while preserving our fundamental rights? Source: Volume 20, Issue 1, pp 14 –34

2021

ABSTRACT:<strong> </strong>This paper proposes the analysis of a situation that may arise in the matter of personal data, when we talk about the protection of such data, as well as about the applicable legislation, referring to those legal instruments for the protection of personal data. Since the implementation of the legal texts also implies the confrontation with the reality or with the factual situation, the working hypothesis we propose is that of the limitations that appear regarding the exercise of what we generically call "human rights". These limitations and the way in which the legislation has the capacity to deal in particular with respect for human rights, are challenges that we will analyze in our paper.<strong> </strong>As a working method, we chose qualitative analysis, observation and comparison, using various types of normative acts applicable in European countries. As a subject of analysis, I preferred the legislation within the Eu...

2017

The following article is dedicated to a new data protection regime in the European Union, in particular the Directive (EU) 2016/680 of the European Parliament and the Council on the protection of natural persons regarding processing of personal data by authorities aiming at prevention, investigation, detection and prosecution of crime offences, including execution of criminal penalties. For this purpose, the authors look first at the data protection within the Prüm framework as well as at the relevant provisions of Lisbon Treaty. Тhe important cases of the European Court of Human Rights are analyzed. Whereas in 2014 EU Member states focused on the question whether or not to retain data, the 2016 conclusion was that in some aspects data retention is the most efficient measure to ensure national security, public safety and fighting across serious crimes. The terrorist attacks in Paris and Brussels call to better equip security authorities. The EU legislature made significant progress on the Data Protection regime. The Directive (EU) 2016/680, the so called the ‘Police and Criminal Justice Directive’, repeals the Council Framework Decision 2008/977/JHA and will enter into force on 6 May 2018.

Nordic Journal of European Law

Discussions on the appropriate fundamental rights standards in the EU and the need to take into account conflicting interests are increasingly being reframed as debates on the conflict between the primacy of EU law and the constitutional standards of the Member States. One example of this reframing is the French administrative supreme court’s decision following the ECJ judgment in La Quadrature du Net. The Conseil ruled that the EU standards set in that judgment must be reviewed, at the national level, with regard to a national understanding of security concerns and the requirements of the fight against terrorism. Thus, constitutional requirements related to public security may be relied upon to argue for a lower standard of protection of personal data than those which the ECJ requires. As this decision shows, the ability of corporations and Governments to rely on litigation before national courts to challenge the standard of protection set at the EU level creates a significant risk...

Juridical Tribune, 2015

The legal regime of the right to the protection of personal data is of particular concern in the context of the technological developments that have as a consequence the increased collection and exchange of such data. Information technology and its development constitute forms of evolution of society, but this evolution must take place within the limits of and with respect for fundamental rights as regulated by States’ Constitutions and the relevant international documents. Having regard to the dynamics of these phenomena, timely and continuous adaptation of the legislation is undoubtedly difficult. As a result, an important role in the definition and guarantee of the right to the protection of personal data and the reconciliation with other fundamental rights that also need to be protected is played by national courts (particularly the constitutional courts) and international courts, obliged to carry out an evolutionary and at the same time consistent approach in this matter. The j...

Tilburg Law Review, 2015

The Data Retention Directive is one of the most controversial acts adopted by the eu. The storage of an indeterminate amount of data-concerning every citizen of the eu-requires finding a balance between the need to fight terrorism and the rights to privacy and data protection, as declared in the Charter of Fundamental Rights of the eu, the echr, and by the common constitutional values shared by Member States. According to the cjeu (joined cases C-293/12 and C-594/12), the Directive 'treats everyone as a suspect' , 'monitors everyone' and 'puts everyone under surveillance' and represents a 'serious interference' to citizens' rights to privacy. The aim of this paper is to define-through a comparative analysis-the main features of the cjeu balancing process, trying to assess possible future scenarios for data retention in the European and domestic legal frameworks. The challenge remains the same: how to prevent serious crime and terrorism while preserving our fundamental rights?

The European Union has approved a new Regulation that lays down rules relating to the protection of natural persons with regard to the processing of personal data and rules relating to the free movement of personal data. This Regulation will apply to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not. It will also apply to the processing of personal data by a controller not established in the Union in certain circumstances. This article is a little abstract of part of the Regulation content.

As far as the technology has become more user friendly, individuals exchange more data between themselves using technological tools. The communication between individuals has become faster and more intense. In parallel to these developments, the norms and values of the societies, thus of the individuals have changed and the meaning of data privacy has being re-interpreted in today’s world. Each development in the technology fuels another one. In parallel to that, individuals’ interactions have gained new formats based on the new technologies. On the other hand, political concerns, like more need to defend public security should also be mentioned. While encouraging the developments of the new technologies, the States consider to maintain their citizens’ security and rights to their personal data protection. How far the European Union, with its legislation for data protection, is reaching to this target? This study will give some highlights for answering this question.