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Surveillance and Privacy in the Digital Age: European, Transatlantic and Global Perspectives

Edited by: Valsamis Mitsilegas, Niovi Vavoula

ISBN13: 9781509925179
Published: May 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £95.00
Paperback edition , ISBN13 9781509946617



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What impact has the evolution and proliferation of surveillance in the digital age had on fundamental rights?

This important collection offers a critical assessment from a European, transatlantic and global perspective. It tracks four key dimensions: digitalisation, privatisation, de-politicisation/de-legalisation and globalisation. It sets out the legal and policy demands that recourse to 'the digital' has imposed. Exploring the question across key sectors, it looks at privatisation through the prism of those demands on the private sector to co-operate with the state's security needs. It goes on to assess de-politicisation and de-legalisation, reflecting the fact that surveillance is often conducted in secret. Finally, it looks at applicable law in a globalised digital world. The book, with its exploration of cutting-edge issues, makes a significant contribution to our understanding of privacy in this new digital landscape.

Subjects:
Criminal Law, Data Protection
Contents:
Introduction: Protecting Privacy in the Digital Age: European, Transatlantic and Global Challenges
Valsamis Mitsilegas, Queen Mary, University of London, UK and Niovi Vavoula, Queen Mary, University of London, UK
PART 1: THE CHALLENGE OF DIGITAL EVIDENCE
1. Cross-Border Access and Exchange of Digital Evidence: Cloud Computing Challenges to Human Rights and the Rule of Law
Sabine Gless, University of Basel, Switzerland and Pauline Pfirter, VISCHER AG, Basel, Switzerland
2. Sword, Shield and Cloud: Toward a European System of Public–Private Orders for Electronic Evidence in Criminal Matters?
Katalin Ligeti, University of Luxembourg and Gavin Robinson, Utrecht University, Netherlands
3. The Commission's E-Evidence Initiative: Harmonising EU Rules on Access to Electronic Evidence
Lani Cossette, UN Affairs at Microsoft
4. The US CLOUD Act: Legislation that is Bad for Human Rights
Neema Singh Guliani, Head of National Security, Democracy, and Civil Rights
Public Policy, Americas at Twitter
PART 2: NEW SURVEILLANCE CHALLENGES
5. The Privatisation of Surveillance in the Digital Age
Valsamis Mitsilegas, Queen Mary, University of London, UK
6. Interoperability of EU Information Systems in a 'Panopticon' Union: A Leap Towards Maximised Use of Third-Country Nationals' Data or a Step Backwards in the Protection of Fundamental Rights?
Niovi Vavoula, Queen Mary, University of London, UK
7. Privacy and Surveillance in a Digital Era: Transnational Implications of China's Surveillance State
Matthieu Burnay, Queen Mary, University of London, UK
PART 3: HUMAN RIGHTS RESPONSES
8. Mapping Limitations on State Surveillance through the UN Human Rights Instruments
Elspeth Guild, Queen Mary, University of London, UK
9. Data Protection and Surveillance: The Perspective of EU Law
Hielke Hijmans, Belgian Data Protection Authority
10. One European Legal Framework for Surveillance: The ECtHR's Expanded Legality Testing Copied by the CJEU
Paul de Hert, Vrije Universiteit Brussel, Belgium and Gianclaudio Malgieri, EDHEC Business School in Lille, France
Afterword
Deirdre Curtin, European University Institute

Series: Hart Studies in European Criminal Law

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Corporations and the Privilege Against Self-Incrimination
Stijn LamberigtsEubelius Belgium, Valsamis MitsilegasUniversity of Liverpool UK, Katalin LigetiUniversity of Luxembourg, Anne WeyemberghUniversite Libre de Bruxelles
ISBN 9781509953356
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Corporations and the Privilege against Self-Incrimination (eBook) ISBN 9781509953325
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Corporations and the Privilege against Self-Incrimination ISBN 9781509953318
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The Fight Against Impunity in EU Law ISBN 9781509945610
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The Legitimacy of EU Criminal Law ISBN 9781509944392
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Criminal Liability of Managers in Europe: Punishing Excessive Risk ISBN 9781509944958
Published February 2021
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£39.99
The Principle of Mutual Trust in EU Criminal Law (eBook) ISBN 9781509924554
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The Principle of Mutual Trust in EU Criminal Law ISBN 9781509924547
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Limits to EU Powers: A Case Study of EU Regulatory Criminal Law ISBN 9781509934744
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Criminal Liability of Managers in Europe: Punishing Excessive Risk (eBook) ISBN 9781509914982
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Criminal Liability of Managers in Europe: Punishing Excessive Risk ISBN 9781509914975
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White Collar Crime: A Comparative Perspective ISBN 9781509917891
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White Collar Crime: A Comparative Perspective (eBook) ISBN 9781509917907
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The Needed Balances in EU Criminal Law (eBook) ISBN 9781509917020
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The Needed Balances in EU Criminal Law ISBN 9781509917006
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Redefining Organized Crime: A Challenge for the European Union? ISBN 9781509904709
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Limits to EU Powers: A Case Study of EU Regulatory Criminal Law (eBook) ISBN 9781509903375
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Limits to EU Powers: A Case Study of EU Regulatory Criminal Law ISBN 9781509903351
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Challenges in the Field of Economic and Financial Crime in Europe and the US ISBN 9781509908035
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