Data retention in Europe and beyond : law and policy in the aftermath of an invalidated directive / edited by Eleni Kosta, Irene Kamara.

Format:

Book

Contributor:

Kosta, Eleni, editor.

Kamara, Irene, editor.

Language:

English

Subjects (All):

Data protection--Law and legislation--European Union countries.

Data protection.

Data privacy--European Union countries.

Data privacy.

Physical Description:

1 online resource : illustrations.

Place of Publication:

Oxford : Oxford University Press, [2025]

Summary:

Bringing together experts from across the world, this book analyses the impact of CJEU case law after the now invalidated Data Retention Directive. It provides a critical assessment of legal and policy developments, as well as reflections on the potential future for data retention regulation in the European Union and beyond.

Bringing together leading scholars, members of the judiciary, and practitioners, this book provides a cutting-edge, comprehensive, and multifaceted analysis of data retention and the subsequent access of law enforcement authorities to retained electronic communications data. In the aftermath of the invalidated Data Retention Directive, the Court of Justice of the European Union (CJEU) has published rich case law that shapes the rules, requirements, and safeguards on retention and access in accordance with EU law. This book focuses on selected topics surrounding data retention aiming not only at providing a critical assessment of legal and policy developments, but also at guiding policy makers on the potential future for data retention regulation in the European Union and beyond. Chapters in this book explore the development of the EU case law, the interaction with ECtHR jurisprudence, the interplay between data retention and mass surveillance, the proportionality principle in the CJEU rulings, and data retention in the proposed ePrivacy Regulation, while no fewer than 11 chapters are dedicated to country-specific analyses of European Member States. Acknowledging that data retention is far from an EU matter only, the book also offers international perspectives, with country-specific chapters on India, Japan, and the United States. The book is complemented with chapters dedicated to the role of the courts in the context of data retention, epistemic (in)justice, 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 book is a valuable tool for everyone interested in the topic, from students and legal scholars, to practitioners and policy-makers.

Contents:

1 Introduction: Data Retention in the EU and Beyond: An Evolving Landscape

Part I The Evolution of Case Law in CJEU and European Court of Human Rights

2 The Evolution of the CJEU Case Law on Data Retention: Towards the Regulation of Access

3 Data Retention and the Judicial Parameters of Mass Surveillance in EU Law

4 A Critical Comment on Proportionality in the Mass Surveillance Jurisprudence of the CJEU and the ECtHR

5 Proportionality and Strict Proportionality in the Case-law of the Court of Justice of the European Union on Data Retention

6 Data Retention in the Proposed ePrivacy Regulation Caught between the Well-established Case Law of the Court of Justice and the Deep Disagreements of the EU Legislature: For a Legally Compliant Way Forward

Part II Data Retention in the EU Member States and International Perspectives

7 Data Retention in Germany: Not a Never-ending Story After All?

8 The Long Way to the Compliance of Data Retention with European Union Law: The Italian Case

9 Consequences of the Collapse of a Directive: The Aftermath of CJEU Data Retention Case Law on Cypriot Jurisprudence

10 Data Retention in Ireland: When European Law Meets National Recalcitrance

11 A Clash Between the French System and the CJEU Case Law on Data Retention?

12 Data Retention Amid the Erosion of the Constitutional Order: The Case of Poland

13 The Impact

or No Impact

of the CJEU Case Law on Data Retention in Spain

14 Data Retention and Law Enforcement in the Netherlands

15 To Retain or (not) to Retain Data? The Danish Case

16 Belgium's New Data Retention Legislation: Third Time Lucky, or Three Strikes and You're Out?

17 The Swedish Data Retention Saga: From EU Initiator to Penalty Payments, Reviewed and Revised National Rules

18 Data Retention and Law Enforcement Access to Personal Data in India

19 Regulating Data Retention in Japan

20 Regulating Access: A Brief Overview of US Regulations on Access to Communications Data

Part III Public Policy, Technology, and Societal Impact

21 The Judicialization of EU Data Retention Law: Epistemic Injustice and the Construction of an Unequal Surveillance Regime

22 Data Retention as a Matter of Constitutional Law

23 Passenger Name Records: Necessary Data Retention to Fight Crime and Terrorism, or Threatening Privacy and Data Protection?

24 Data Retention and Automated Processing of Personal Data: Unpacking the CJEU's Approach

25 Automated Analysis in the AFSJ and Digital Single Market Monitoring: An Effaced Nexus

26 On Administrative and Surveillance Vulnerability and the Digital Government in the EU

27 Data Retention and the 'Chilling Effect' in the Context of Mass Surveillance and a Tacit Sift Towards a Hobbesian state in Western Democracies

Notes:

Includes bibliographical references and index.

Description based on online resource and publisher information; title from PDF title page (viewed on January 30, 2025).

Other Format:

Print version: Data retention in Europe and beyond

ISBN:

9780191998980

0191998982

9780198897743

0198897758

019889774X

9780198897750

OCLC:

1492375533

Access Restriction:

Restricted for use by site license