Description

This is an extremely well-researched and documented book, not only in terms of legal scholarship but also in terms of case law. In particular it manages to assemble and analyse some of the most important decisions the CJEU has adopted regarding data protection and surveillance... Written in a very clear style and structured in a way that makes it easy to understand the argument being presented, it is also very effective in reaching an audience interested in data protection law and surveillance studies. This is particularly relevant, since one of the main issues it raises is very unlikely to disappear in the near future.

Auteur
Maria Tzanou is a Lecturer in Law at the University of Keele.

Résumé
Since the entry into force of the Lisbon Treaty, data protection has been elevated to the status of a fundamental right in the European Union and is now enshrined in the EU Charter of Fundamental Rights alongside the right to privacy. This timely book investigates the normative significance of data protection as a fundamental right in the EU. The first part of the book examines the scope, the content and the capabilities of data protection as a fundamental right to resolve problems and to provide for an effective protection. It discusses the current approaches to this right in the legal scholarship and the case-law and identifies the limitations that prevent it from having an added value of its own. It suggests a theory of data protection that reconstructs the understanding of this right and could guide courts and legislators on data protection issues. The second part of the book goes on to empirically test the reconstructed right to data protection in four case-studies of counter-terrorism surveillance: communications metadata, travel data, financial data and Internet data surveillance. The book will be of interest to academics, students, policy-makers and practitioners in EU law, privacy, data protection, counter-terrorism and human rights law.

Contenu
Part I: The Theoretical Framework 1. Data Protection as a Fundamental Right 2. The Judicial Assessment of the Right to Data Protection Part II: Case Studies 3. Metadata Surveillance 4. Travel Data Surveillance 5. Financial Data Surveillance 6. Internet Data Surveillance 7. Conclusions

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