EU data privacy law and serious crime : data retention and policymaking / Nora Ni Loideain.

Format:

Book

Author/Creator:

Ní Loideáin, Nóra, author.

Language:

English

Subjects (All):

Privacy, Right of--European Union countries.

Privacy, Right of.

Data privacy--European Union countries.

Data privacy.

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

Data protection.

Electronic surveillance--Law and legislation--European Union countries.

Electronic surveillance.

Electronic surveillance--Government policy--European Union countries.

Data protection--Law and legislation.

Electronic surveillance--Law and legislation.

European Union countries.

Physical Description:

1 online resource

Other Title:

European Union data privacy law and serious crime

Place of Publication:

Oxford ; New York, NY : Oxford University Press, [2025]

Summary:

This is a comprehensive examination of the extent to which the human right to data privacy has shaped EU law and policy within the contexts of law enforcement and national security, covering the fields of AI and data-driven surveillance, data protection, digital communications, cross-border data transfers, and passenger information.

"This book provides the first comprehensive doctrinal and comparative study to examine the influence of the right to respect for private life on data retention within EU law, specifically communications data and passenger name record data, for the purposes of countering serious crime and safeguarding national security. It is the only academic publication that offers a complete picture of the EU’s institutions and their approach to Article 8 ECHR, not just the CJEU, specifically at work in a legally and politically sensitive field from a variety of perspectives. Secondly, this original analysis of EU data retention law and the role of Article 8 ECHR therein casts a spotlight on the real and actual extent of the weight given to the mainstreaming of the right to private life across the EU policymaking process, and the approach by national courts to Article 8 ECHR in their review of the Data Retention Directive, providing a more complete picture of the role and impact of human rights on this area of law and policymaking. Thirdly, this book is the only work to outline and examine in detail the relationship between the EU-ECHR accession process and its implications for the tensions and evolving dialogue between the EU and ECHR legal systems within the case law of both courts on privacy, data retention, and mass surveillance. This analysis identifies and examines the legal standards of each legal system, the convergences and divergences between the leading jurisprudence of the CJEU and ECtHR, and the rise of the CJEU as the vanguard EU institution for data retention policymaking and supranational judicial rights scrutiny in Europe"-- Oxford Academic.

Contents:

An introduction : article 8 ECHR and communications data in the global data privacy framework

The approach of the Strasbourg Court : article 8 ECHR and interception of communications

The approach of the Strasbourg Court : article 8 ECHR and communications data

The evolving dialogue between Luxembourg and Strasbourg

The approach of the Court of Justice : article 8 ECHR and data retention

The data retention directive and article 8 ECHR

The data retention directive and the national courts

Post-legislative review of the data retention directive

The EU passenger name record data directive and data retention.

Notes:

Includes bibliographical references and index.

Description based on online resource; title from digital title page (viewed on August 29, 2025).

Other Format:

Print version: Ní Loideáin, Nóra. EU data privacy law and serious crime

ISBN:

9780191873935

0191873934

9780192574015

0192574019

9780192574022

0192574027

OCLC:

1524297212

Publisher Number:

CIPO000251480

Access Restriction:

Restricted for use by site license