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Bulk Surveillance, Democracy, and Human Rights Law in Europe

Bulk Surveillance, Democracy, and Human Rights Law in Europe
Author: Marcin Rojszczak
Publisher:
Total Pages: 0
Release: 2024
Genre: Democracy
ISBN: 9781032582535

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"This book discusses contemporary standards of legal safeguards in the area of bulk electronic surveillance from the perspective of the European legal model. Bulk, or untargeted, surveillance, although traditionally associated with the interception of electronic communications, is increasingly used as a convenient tool for collecting information on large groups of society. The collection of redundant information, which is intrinsic to bulk surveillance, is no longer a side effect but an important objective of the use of bulk powers. As a result, untargeted surveillance is everywhere increasingly being implemented, and without any clear link to state security or crime-fighting objectives. This work examines the origins of untargeted measures, explores their mechanics and key concepts, and defines what distinguishes them from other forms of surveillance. The various elements of the legal safeguards in place, which are fundamental to protecting individuals from the risks of abuse of power, are analysed in detail. The book discusses not only the different standards of legal safeguards, but also gives examples of their implementation in individual European countries. It also examines the relationship between the development of the global data market and untargeted surveillance powers, in particular in the context of the risks associated with algorithmic surveillance, client-side scanning, the privatisation of surveillance - or Surveillance-as-a-Service - and the increasingly widespread use of preventive content filtering mechanisms. The book will be a valuable resource for academics and researchers working in the areas of law, international relations, public policy, engineering and sociology. It will also appeal to professionals dealing with various aspects of the use of surveillance measures, such as experts, members of the legislature and law enforcement agencies"--


Surveillance Law, Data Retention, and Human Rights

Surveillance Law, Data Retention, and Human Rights
Author: Matthew White ((Author of Surveillance law, data retention, and human rights))
Publisher:
Total Pages: 0
Release: 2024
Genre: Law
ISBN: 9781003207870

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"This book analyses the compatibility of data retention in the UK with the European Convention on Human Rights (ECHR). The increase in the use of modern technology has led to an explosion of generated data and, with that, a greater interest from law enforcement and intelligence agencies. In the early 2000s, data retention laws were introduced into the UK, and across the European Union (EU). This was met by domestic challenges before national courts, until a seminal ruling by the Court of Justice in the European Union (CJEU) ruled that indiscriminate data retention was incompatible with EU law. Since then, however, the CJEU has revised its position and made certain concessions, particularly under the guise of national security. This book focuses on data retention in the UK with the principal aim of examining compatibility with the European Convention on Human Rights (ECHR). This is explored through a variety of ways including providing an account of democracy and why secret surveillance poses a threat to it, a history of data retention, assessing the seriousness that data retention poses to fundamental rights, the collection of rights that are affected by data retention which are crucial for a functioning democracy, the implications of who can be obligated to retain (and what to retain), the idea that data retention is a form of surveillance and ultimately, with all things considered, whether this is compatible with the ECHR. The work will be an invaluable resource for students, academics, researchers and policy-makers working in the areas of privacy, human rights law and surveillance"--


State of democracy, human rights and the rule of law in Europe

State of democracy, human rights and the rule of law in Europe
Author: Council of Europe
Publisher: Council of Europe
Total Pages: 92
Release: 2015-07-03
Genre: Political Science
ISBN:

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Democratic security is an old idea, based on the argument that democracies rarely, if ever, go to war with each other. Democratic practices equally protect states from internal strife. Democratic security is a responsibility which all nations share. This second annual report on the state of democracy, human rights and the rule of law in Europe assesses the capacities of the member states to guarantee and enhance democratic security within their borders and, collectively, across the continent. It measures the extent to which the Council of Europe’s 47 member states are able to make the five pillars of democratic security a reality, namely: an efficient and independent judiciary, freedom of expression, freedom of assembly and association, the functioning of democratic institutions, and inclusive society and democratic citizenship. The report also draws on the Council of Europe’s capacity to monitor and evaluate performance in terms of democracy, human rights and rule of law and to identify remedies for shortcomings and provide assistance in their implementation.


Surveillance Law, Data Retention and Human Rights

Surveillance Law, Data Retention and Human Rights
Author: Matthew White
Publisher: Taylor & Francis
Total Pages: 212
Release: 2024-09-16
Genre: Law
ISBN: 1040134742

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This book analyses the compatibility of data retention in the UK with the European Convention on Human Rights (ECHR). The increase in the use of modern technology has led to an explosion of generated data and, with that, a greater interest from law enforcement and intelligence agencies. In the early 2000s, data retention laws were introduced into the UK, and across the European Union (EU). This was met by domestic challenges before national courts, until a seminal ruling by the Court of Justice in the European Union (CJEU) ruled that indiscriminate data retention was incompatible with EU law. Since then, however, the CJEU has revised its position and made certain concessions, particularly under the guise of national security. This book focuses on data retention in the UK with the principal aim of examining compatibility with the ECHR. This is explored through a variety of ways including providing an account of democracy and why secret surveillance poses a threat to it, a history of data retention, assessing the seriousness that data retention poses to fundamental rights, the collection of rights that are affected by data retention which are crucial for a functioning democracy, the implications of who can be obligated to retain (and what to retain), the idea that data retention is a form of surveillance and ultimately, with all things considered, whether this is compatible with the ECHR. The work will be an invaluable resource for students, academics, researchers and policy-makers working in the areas of privacy, human rights law and surveillance.


Human rights challenges in the digital age

Human rights challenges in the digital age
Author: Council of Europe
Publisher: Council of Europe
Total Pages: 226
Release: 2020-01-06
Genre: Political Science
ISBN: 9287190054

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The digital space is a powerful enabler for more inclusive democratic discourse, participation and policy-making. At the same time, digitisation comes with new challenges. The abundance of data in the online space and powerful algorithm-based technologies pose serious risks to privacy, as well as to other interrelated human rights. The trans-border nature of the Internet itself presents significant legislative and judicial challenges for existing legal and institutional frameworks. This book follows on from the June 2019 seminar paying tribute to the outstanding contribution of Lawrence Early, Jurisconsult of the European Court of Human Rights, as he was about to retire. The seminar brought together members of the judiciary and prominent legal practitioners and academics, as well as representatives of European institutions and non-governmental organisations. Speakers from different legal systems and jurisdictions exchanged views on the ways to address the complexity that protection of human rights online presents for the judiciary. The seminar focused on three major subjects: judicial protection of freedom of expression and the right to privacy in the digital environment; the concept of jurisdiction in the World Wide Web; and the implications of Big Data. Given the breadth and significance of the issues arising in this complex, technical and fast-evolving area, the publication of these keynote contributions will undoubtedly inform further reflection on these matters by judges, legislators, experts and, perhaps most importantly, the general public.


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
Total Pages: 237
Release: 2023-07-24
Genre: Law
ISBN: 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.


State of democracy, human rights and the rule of law

State of democracy, human rights and the rule of law
Author: Council of Europe
Publisher: Council of Europe
Total Pages: 122
Release: 2017-04-19
Genre: Political Science
ISBN:

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Populism - How strong are Europe's checks and balances? This is the fourth annual report of the Secretary General of the Council of Europe on the state of democracy, human rights and the rule of law in Europe. As with previous reports, the five chapters look at the key building blocks of democratic security: efficient, impartial and independent judiciaries; freedom of expression; freedom of assembly and freedom of association; democratic institutions; and inclusive societies. The report’s analysis of Council of Europe member states’ strengths and weaknesses in these areas can be used to assess their resilience to the challenges posed by populism.


Bulk Surveillance, Democracy and Human Rights Law in Europe

Bulk Surveillance, Democracy and Human Rights Law in Europe
Author: Marcin Rojszczak
Publisher: Taylor & Francis
Total Pages: 290
Release: 2024-07-22
Genre: Law
ISBN: 1040101690

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This book discusses contemporary standards of legal safeguards in the area of bulk electronic surveillance from the perspective of the European legal model. Bulk, or untargeted, surveillance, although traditionally associated with the interception of electronic communications, is increasingly used as a convenient tool for collecting information on large groups of society. The collection of redundant information, which is intrinsic to bulk surveillance, is no longer a side effect but an important objective of the use of bulk powers. As a result, untargeted surveillance is everywhere increasingly being implemented, and without any clear link to state security or crime-fighting objectives. This work examines the origins of untargeted measures, explores their mechanics and key concepts, and defines what distinguishes them from other forms of surveillance. The various elements of the legal safeguards in place, which are fundamental to protecting individuals from the risks of abuse of power, are analysed in detail. The book discusses not only the different standards of legal safeguards, but also gives examples of their implementation in individual European countries. It also examines the relationship between the development of the global data market and untargeted surveillance powers, in particular in the context of the risks associated with algorithmic surveillance, client-side scanning, the privatisation of surveillance – or surveillance as a service – and the increasingly widespread use of preventive content filtering mechanisms. The book will be a valuable resource for academics and researchers working in the areas of law, international relations, public policy, engineering and sociology. It will also appeal to professionals dealing with various aspects of the use of surveillance measures, such as experts, members of the legislature and law enforcement agencies. 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.


Protecting the right to freedom of expression under the European Convention on Human Rights

Protecting the right to freedom of expression under the European Convention on Human Rights
Author: Bychawska-Siniarska, Dominika
Publisher: Council of Europe
Total Pages: 124
Release: 2017-08-04
Genre: Political Science
ISBN:

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European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.


Mass Surveillance of Personal Data by EU Member States and Its Compatibiloity Eith EU Law

Mass Surveillance of Personal Data by EU Member States and Its Compatibiloity Eith EU Law
Author: Didier Bigo
Publisher:
Total Pages: 60
Release: 2013
Genre: Confidential communications
ISBN: 9789461383648

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In the wake of the disclosures surrounding PRISM and other US surveillance programmes, this paper assesses the large-scale surveillance practices by a selection of EU member states: the UK, Sweden, France, Germany and the Netherlands. Given the large-scale nature of these practices, which represent a reconfiguration of traditional intelligence gathering, the paper contends that an analysis of European surveillance programmes cannot be reduced to a question of the balance between data protection versus national security, but has to be framed in terms of collective freedoms and democracy. It finds that four of the five EU member states selected for in-depth examination are engaging in some form of large-scale interception and surveillance of communication data, and identifies parallels and discrepancies between these programmes and the NSA-run operations. The paper argues that these programmes do not stand outside the realm of EU intervention but can be analysed from an EU law perspective via i) an understanding of national security in a democratic rule of law framework where fundamental human rights and judicial oversight constitute key norms; ii) the risks posed to the internal security of the Union as a whole as well as the privacy of EU citizens as data owners and iii) the potential spillover into the activities and responsibilities of EU agencies. The paper then presents a set of policy recommendations to the European Parliament.