Privacy Limitation Clauses: Trojan Horses under the Disguise of Democracy

Author: Robert Van den Hoven van Genderen
Publisher: Kluwer Law International
ISBN: 9789041185990
Published In: January 2017
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Privacy Limitation Clauses provides an in-depth coverage of the legal tension between public security and current intrusions on privacy. 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 the most trusted authorities in Europe 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.

What’s in this book:

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

data protection regulations;
regulations on interception and retention of personal data in the telecommunications 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, 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.

How this will help you:

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 legitimise these intrusions. This book proposes 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. This ultimate contribution proves to be of inestimable value to policymakers, government institutions, and practitioners in several fields related to human rights.

Chapter 1 Introduction

Chapter 2 The Fundamental Right of Privacy, Historical Perspective

Chapter 3 Limiting Human Rights: From Exceptional Circumstances to General Conditions

Chapter 4 The Applications of the Exceptions in ECtHR Case Law, Specifically on Article 8(2)

Chapter 5 Telecommunication Law and Limitations on Privacy

Chapter 6 Anti-terrorism and AML Regulations and Limitation of Privacy

Chapter 7 Conclusion

Summary

Annexes

Annex I FATF

Annex II FATF recommendations

Annex III Siracusa Principles