Resolving Legal Conflicts Between Data Access Investigative Measures and Data Protection Law in the EU

Name: Resolving Legal Conflicts Between Data Access Investigative Measures and Data Protection Law in the EU
Brand: Hart Publishing
SKU: 9781509984794
Price: 1134.90 HKD
Availability: PreOrder
Author: Juraj Sajfert
ISBN: 9781509984794

By Juraj Sajfert

Coming Soon Hart Publishing Available February 2027

Specifications

ISBN-13: 9781509984794
Publisher: Hart Publishing
Publication: February 2027
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

This book focuses on legislative frameworks for data access investigative measures in the EU, and their legal conflicts with data protection law.

It identifies four data access investigative measures developed by EU law: access to passenger name records, access to financial data, access to electronic communications and access to e-evidence. The security objectives pursued by data access investigative measures conflict with the fundamental right to personal data protection guaranteed by Article 8 of the Charter of Fundamental Rights of the EU. While there is a lot of case law of the Court of Justice of the EU dedicated to data access investigative measures, the Court is struggling with finding a correct and workable solution for the conflict.

The book finds the best available method to strike the right balance and solve the apparent legal conflict, while positioning the outdated cliché on 'privacy v. security' in a proper empirical and theoretical framework.

1. Introduction

2. Four Horsemen of Data Access Investigative Measures: Passenger Information Units, Financial Intelligence Units, Data Retention and Production Orders

3. The Emergence of European Laws on Data Protection for Law Enforcement: The Lead Role of the Council of Europe

4. The Law Enforcement Directive (EU) 2016/680 as the Golden Data Protection Standard for Law Enforcement

5. Case study: The Use and Effectiveness of Data Access Investigative Measures in Benelux

6. Weighing Security Objectives Against Fundamental Rights to Privacy and Personal Data Protection: Alexy Theory of Judicial Balancing

7. The CJEU Case Law on Data Access Investigative Measures: How Avoiding Quantitative Data and Balancing Lead to Increased Judicial Discretion

8. Weighing the Contemporary Use of Data Access Investigative Measures Against the Secondary Data Protection Law: The Role of the Purpose Limitation Principle in the LED

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