-PDF Download- Bulk Surveillance Democracy And Human Rights Law In Europe EBOOK

Bulk Surveillance, Democracy and Human Rights Law in Europe

Author: Marcin Rojszczak

Publisher: Taylor & Francis

Published: 2024-07-22

Total Pages: 290

ISBN-13: 1040101690

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.

Surveillance Law, Data Retention, and Human Rights

Author: Matthew White ((Author of Surveillance law, data retention, and human rights))

Publisher:

Published: 2024

Total Pages: 0

ISBN-13: 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

Author: Council of Europe

Publisher: Council of Europe

Published: 2015-07-03

Total Pages: 92

ISBN-13:

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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

Author: Matthew White

Publisher: Taylor & Francis

Published: 2024-09-16

Total Pages: 212

ISBN-13: 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

Author: Council of Europe

Publisher: Council of Europe

Published: 2020-01-06

Total Pages: 226

ISBN-13: 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

Author: Julia Wojnowska-Radzińska

Publisher: BRILL

Published: 2023-07-24

Total Pages: 237

ISBN-13: 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

Author: Council of Europe

Publisher: Council of Europe

Published: 2017-04-19

Total Pages: 122

ISBN-13:

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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.

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

Author: Bychawska-Siniarska, Dominika

Publisher: Council of Europe

Published: 2017-08-04

Total Pages: 124

ISBN-13:

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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.

The Unaccountable State of Surveillance

Author: Clive Norris

Publisher: Springer

Published: 2017-02-06

Total Pages: 0

ISBN-13: 9783319475714

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This book examines the ability of citizens across ten European countries to exercise their democratic rights to access their personal data. It presents a socio-legal research project, with the researchers acting as citizens, or data subjects, and using ethnographic data collection methods. The research presented here evidences a myriad of strategies and discourses employed by a range of public and private sector organizations as they obstruct and restrict citizens' attempts to exercise their informational rights. The book also provides an up-to-date legal analysis of legal frameworks across Europe concerning access rights and makes several policy recommendations in the area of informational rights. It provides a unique and unparalleled study of the law in action which uncovered the obstacles that citizens encounter if they try to find out what personal data public and private sector organisations collect and store about them, how they process it, and with whom they share it. These are simple questions to ask, and the right to do so is enshrined in law, but getting answers to these questions was met by a raft of strategies which effectively denied citizens their rights. The book documents in rich ethnographic detail the manner in which these discourses of denial played out in the ten countries involved, and explores in depth the implications for policy and regulatory reform.

Mass surveillance - Who is watching the watchers?

Author: Council of Europe

Publisher: Council of Europe

Published: 2016-04-27

Total Pages: 197

ISBN-13: 9287182744

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"They know where you got on the bus, where you went to work, where you slept, and what other cell phones slept with you." Edward Snowden The disclosures by Edward Snowden since June 2013 revealing mass surveillance and large-scale intrusion practices have provided compelling evidence of the existence of far-reaching, technologically advanced surveillance systems. Put in place by United States intelligence services and their partners in certain Council of Europe member states, these systems are aimed at collecting, storing and analysing communication data, including content, location and other metadata, on a massive scale. In several countries, a massive “surveillance-industrial complex” has evolved, which risks escaping democratic control and accountability and threatens the free and open character of our societies. The surveillance practices disclosed endanger fundamental human rights, including the rights to privacy, freedom of information and expression, and the rights to a fair trial and freedom of religion. Given the threat such surveillance techniques pose, how can states uphold these fundamental rights and ensure the protection of privacy and Internet safety in the digital age? This book presents, in its first part, the report of the Parliamentary Assembly of the Council of Europe and, in its second part, the legal expertise of the European Commission for Democracy through Law (the Venice Commission).