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Bulk Surveillance, Democracy, and Human Rights Law in Europe

2024 Democracy
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Release : 2024
Genre : Democracy
Kind : eBook
Book Rating : 535/5 ( reviews)

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Book Synopsis Bulk Surveillance, Democracy, and Human Rights Law in Europe by : Marcin Rojszczak

Download or read book Bulk Surveillance, Democracy, and Human Rights Law in Europe written by Marcin Rojszczak. This book was released on 2024. Available in PDF, EPUB and Kindle. Book excerpt: "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

2024 Law
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Release : 2024
Genre : Law
Kind : eBook
Book Rating : 870/5 ( reviews)

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Book Synopsis Surveillance Law, Data Retention, and Human Rights by : Matthew White ((Author of Surveillance law, data retention, and human rights))

Download or read book Surveillance Law, Data Retention, and Human Rights written by Matthew White ((Author of Surveillance law, data retention, and human rights)). This book was released on 2024. Available in PDF, EPUB and Kindle. Book excerpt: "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"--

Surveillance Law, Data Retention and Human Rights

2024-09-16 Law
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Release : 2024-09-16
Genre : Law
Kind : eBook
Book Rating : 742/5 ( reviews)

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Book Synopsis Surveillance Law, Data Retention and Human Rights by : Matthew White

Download or read book Surveillance Law, Data Retention and Human Rights written by Matthew White. This book was released on 2024-09-16. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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

2015-07-03 Political Science
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Release : 2015-07-03
Genre : Political Science
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis State of democracy, human rights and the rule of law in Europe by : Council of Europe

Download or read book State of democracy, human rights and the rule of law in Europe written by Council of Europe. This book was released on 2015-07-03. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Human rights challenges in the digital age

2020-01-06 Political Science
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Release : 2020-01-06
Genre : Political Science
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Book Rating : 054/5 ( reviews)

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Book Synopsis Human rights challenges in the digital age by : Council of Europe

Download or read book Human rights challenges in the digital age written by Council of Europe. This book was released on 2020-01-06. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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