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.
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
Valsamis Mitsilegas is Professor of European Criminal Law and Global Security and Niovi Vavoula is Lecturer in Migration and Security, both at the School of Law, Queen Mary, University of London, United Kingdom.
