Privacy Limitation Clauses: Trojan Horses under the Disguise of Democracy

The fundamental right to privacy, in the sense of non-interference by government, is protected by international and national law. Nonetheless, today the laws of privacy are being stretched to their limits and even violated by governments in the name of security. This book, by one of Europe’s most trusted authorities on the legal aspects of telecommunications technology, analyses the use of legal instruments by government agencies to determine if they restrict the fundamental right of privacy and if the grounds to do so are acceptable within a democratic society.

Unpacking the complexity of the various factors on each side – privacy and the general interest of safety – the author clearly describes the relevant tensions in the following major areas of current law:

• data protection regulations;
• regulations on interception and retention of personal data in the telecommunication sector;
• anti–money laundering; and
• strategies used to protect national security against terrorist activities.
  The analysis pays detailed attention to the relevant provisions of international and regional conventions, to deliberated principles and guidelines, and to the case law of the European Court of Human Rights and other courts at every level. Legal theories of sovereignty are also taken into account.

  This is the most thorough treatment available of the grounds and circumstances that state agencies invoke to intrude upon citizens’ rights of privacy and the procedures in place to legitimize these intrusions. Its ultimate contribution – the setting forth of a set of circumstances under which the limitation of privacy should be allowed, including a consideration of what principles and conditions should underpin this policy – will prove of inestimable value to policymakers, government institutions, and practitioners in several fields related to human rights.

  Robert van den Hoven van Genderen has worked as a legal expert on telecommunications technology, regulation of the Internet, and anti–money laundering measures in both public and private sectors, in addition to legal and academic practice.