EU Data Privacy Law and Serious Crime
Data Retention and Policymaking
Series: Assistant Professor in Law and Director of the Information Law & Policy Centre at the Institute of Advanced Legal Studies;
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Product details:
- Publisher OUP Oxford
- Date of Publication 22 July 2025
- ISBN 9780198837169
- Binding Hardback
- No. of pages458 pages
- Size 242x163x31 mm
- Weight 835 g
- Language English 597
Categories
Short description:
This book is the first 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.
MoreLong description:
EU Data Privacy Law and Serious Crime: Data Retention and Policymaking offers a comprehensive and comparative study of the right to private life and data retention within the EU and ECHR legal orders. Exploring EU data retention law and the role of Article 8 ECHR in a variety of contexts, from communications data to passenger name record data, the book casts a spotlight on the mainstreaming of the right to private life across EU policymaking, critically analysing the role of the European Commission and the CJEU as guardians of fundamental rights in their rights review of EU data retention measures.
The book examines the jurisprudence of the CJEU and ECtHR concerning data retention and State surveillance. Three key developments are identified that threaten the protection and future development of the right to private life within the EU and ECHR legal orders: the converging and diverging standards of the CJEU and ECtHR; the fraught dialogue between the CJEU and national courts; and the rise of the CJEU as the vanguard EU institution for data retention policymaking and supranational judicial scrutiny in Europe.
In this dynamic area of EU data protection law and European human rights law, this original and unique book traverses the future development of legal standards within the jurisprudence of the CJEU and ECtHR, giving policy recommendations on how to enhance the right to private life in future EU data retention policymaking. This book will appeal to academics, policymakers, and practitioners interested in the future of the right to privacy in an era of AI and data-driven surveillance.
Ni Loideain provides the first comprehensive account of the interplay between the ECHR and EU legal orders on the right to privacy in areas with significant implications for AI, mass surveillance, and future data retention policymaking, especially the clear convergences and deep divergences between the courts. Everyone interested in these topics should read this book.
Table of 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
