Data Protection in EU and US Criminal Cooperation

Data Protection in EU and US Criminal Cooperation PDF Author: Els de Busser
Publisher: Maklu
ISBN: 9046602729
Category : Computers
Languages : en
Pages : 476

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Book Description
The research in this doctoral thesis examines the protection of personal data in two relationships: between judicial and law enforcement authorities of the EU Member States (including Europol and Eurojust) on the one hand and the US on the other hand. The book provides answers to the central question as to whether the EU complies with her own standards of data protection in these internal relations, as well as in the transatlantic cooperation in criminal matters. The new framework decision on data protection in criminal matters that entered into force in early 2009 is a significant element in this study, alongside the agreement concluded between the EU and the US on the mutual assistance in criminal matters of which the entry into force is equally planned for 2009. The book also reflects on the policy proposals of the EU on justice and home affairs for the period of 2010-2014. [Siracusa Prizewinner - This book was awarded the 2014 Siracusa Prize of the International Association of Penal Law (AIDP-IAPL), Paris. The 2014 Siracusa Prize is delivered on the occasion of the XIXth International Congress of Penal Law, Rio de Janeiro Paris.]

Data Protection in EU and US Criminal Cooperation

Data Protection in EU and US Criminal Cooperation PDF Author: Els de Busser
Publisher: Maklu
ISBN: 9046602729
Category : Computers
Languages : en
Pages : 476

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Book Description
The research in this doctoral thesis examines the protection of personal data in two relationships: between judicial and law enforcement authorities of the EU Member States (including Europol and Eurojust) on the one hand and the US on the other hand. The book provides answers to the central question as to whether the EU complies with her own standards of data protection in these internal relations, as well as in the transatlantic cooperation in criminal matters. The new framework decision on data protection in criminal matters that entered into force in early 2009 is a significant element in this study, alongside the agreement concluded between the EU and the US on the mutual assistance in criminal matters of which the entry into force is equally planned for 2009. The book also reflects on the policy proposals of the EU on justice and home affairs for the period of 2010-2014. [Siracusa Prizewinner - This book was awarded the 2014 Siracusa Prize of the International Association of Penal Law (AIDP-IAPL), Paris. The 2014 Siracusa Prize is delivered on the occasion of the XIXth International Congress of Penal Law, Rio de Janeiro Paris.]

Exchange of Information and Data Protection in Cross-border Criminal Proceedings in Europe

Exchange of Information and Data Protection in Cross-border Criminal Proceedings in Europe PDF Author: Ángeles Gutiérrez Zarza
Publisher: Springer
ISBN: 3642402917
Category : Law
Languages : en
Pages : 505

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Book Description
In the past 10 years, the Member States of the European Union (EU) have intensified their exchange of information for the purposes of preventing and combating serious cross-border crime, as manifested in three main aspects. Firstly, there is a need to ensure the practical application of innovative principles (availability, mutual recognition) and concepts (Information Management Strategy, European Information Exchange Model) for tackling criminal organisations and networks that threaten the Internal Security of the EU. Secondly, there has been a gradual consolidation of EU agencies and bodies (Eurojust, Europol) aimed at promoting cooperation and dialogue among law enforcement officials and judicial authorities responsible for preventing and combating drug trafficking, trafficking in human beings, child pornography, and other serious trans-national offences. Thirdly, important EU information systems and databases (Prüm, SIS-II, ECRIS) have been created, enabling law enforcement and judicial authorities to gain access to essential information on criminal phenomena and organisations. Pursuing a practice-orientated approach, this work provides comprehensive coverage of all these measures, as well as the applicable rules governing data quality, data protection and data security. It is especially intended for law enforcement and judicial authorities who need to develop the appropriate expertise for the practical application of the above-mentioned principles. It also offers a solid basis of practical training material for police training centres and judicial schools.

INTERNATIONAL AND EU DATA PROTECTION LPB

INTERNATIONAL AND EU DATA PROTECTION LPB PDF Author: Vermeulen DEBEUCKELAERE
Publisher:
ISBN: 9782807912946
Category :
Languages : en
Pages :

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Book Description


Handbook on European data protection law

Handbook on European data protection law PDF Author: Council of Europe
Publisher: Council of Europe
ISBN: 9287198497
Category : Political Science
Languages : en
Pages : 402

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Book Description
The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.

Data Protection and Privacy Under Pressure

Data Protection and Privacy Under Pressure PDF Author: Gert Vermeulen
Publisher: Maklu
ISBN: 9046609103
Category : Data protection
Languages : en
Pages : 343

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Book Description
Since the Snowden revelations, the adoption in May 2016 of the General Data Protection Regulation and several ground-breaking judgments of the Court of Justice of the European Union, data protection and privacy are high on the agenda of policymakers, industries and the legal research community. Against this backdrop, Data Protection and Privacy under Pressure sheds light on key developments where individuals’ rights to data protection and privacy are at stake. The book discusses the persistent transatlantic tensions around various EU-US data transfer mechanisms and EU jurisdiction claims over non-EU-based companies, both sparked by milestone court cases. Additionally, it scrutinises the expanding control or surveillance mechanisms and interconnection of databases in the areas of migration control, internal security and law enforcement, and oversight thereon. Finally, it explores current and future legal challenges related to big data and automated decision-making in the contexts of policing, pharmaceutics and advertising.

Rethinking International Cooperation in Criminal Matters in the EU

Rethinking International Cooperation in Criminal Matters in the EU PDF Author: Gert Vermeulen
Publisher: Maklu
ISBN: 904660487X
Category : Law
Languages : en
Pages : 769

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Book Description
In the European Union, international cooperation in criminal matters has grown exponentially over the past few decades. Importantly, there are a wide variety of authorities involved therein, rendering the traditional distinction between police and judicial cooperation as outdated. Furthermore, its rapid growth exposed this policy field to inconsistencies and incoherence. Additionally, despite the wave of new legislation, important lacunae can be identified, setting important challenges for the future. The combination of these issues clarifies the title of this book: there is a pressing need to rethink international cooperation in criminal matters. In answer to a call from the European Commission, the contributors of this book have designed a comprehensive methodological framework to review the entirety of international cooperation in criminal matters, combining desktop reviews, expert consultations, Member State questionnaires, and focus group meetings in each of the Member States to obtain a comprehensive overview of the currently experienced obstacles and future policy options that are both needed and feasible. Over 150 individuals from different backgrounds contributed to the study, including academics, lawyers, policy makers, police, customs, intelligence services, prosecution, judiciary, correctional authorities, Ministries of Justice, and Home Affairs. The book provides an overview of the research findings and the recommendations formulated. These findings include, but are not limited to: (1) a helicopter view on cooperation with criminal justice finality, (2) a clear demarcation of the role of the judicial authorities, (3) a comprehensive review of refusal grounds, including proportionality and capacity concerns, (4) an assessment of gaps in the current body of instruments regulating international cooperation in criminal matters and possible remedies thereto, (5) a well-considered further development of Eurojust, and (6) ensuring EU wide effect of mere domestic actions. This book represents the first overall analysis of the entirety of international cooperation in criminal matters in the EU. As essential reading, it is an analysis that moves beyond the actors, bringing logic back, footed in reality. (Series: Institute for International Research on Criminal Policy [IRCP] - No. 42)

Information Sharing and Data Protection in the Area of Freedom, Security and Justice

Information Sharing and Data Protection in the Area of Freedom, Security and Justice PDF Author: Franziska Boehm
Publisher: Springer Science & Business Media
ISBN: 3642223923
Category : Law
Languages : en
Pages : 475

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Book Description
Privacy and data protection in police work and law enforcement cooperation has always been a challenging issue. Current developments in EU internal security policy, such as increased information sharing (which includes the exchange of personal data between European law enforcement agencies and judicial actors in the area of freedom, security and justice (Europol, Eurojust, Frontex and OLAF)) and the access of EU agencies, in particular Europol and Eurojust, to data stored in European information systems such as the SIS (II), VIS, CIS or Eurodac raise interesting questions regarding the balance between the rights of individuals and security interests. This book deals with the complexity of the relations between these actors and offers for the first time a comprehensive overview of the structures for information exchange in the area of freedom, security and justice and their compliance with data protection rules in this field.

The Future of Police and Judicial Cooperation in the EU

The Future of Police and Judicial Cooperation in the EU PDF Author: Cyrille J.C.F. Fijnaut
Publisher: BRILL
ISBN: 9004193367
Category : Law
Languages : en
Pages : 436

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Book Description
Since the early 1990s, cross-border police and judicial cooperation has become a very important domain of the European Union. The Lisbon Treaty – if accepted by all the Member States – will certainly be a major stimulus to its further development in the field of internal security as well as in the field of external policy. In any event, the recent proposal for a new third comprehensive policy programme with regard to the Area of Freedom, Security and Justice – the so-called Stockholm Programme – foreshadows some of the changes the Brussels institutions and the Member States would like to embrace in the coming years. This book contains the contributions of scholars and practitioners to a conference on the future of police and judicial cooperation in the European Union that took place in November 2008 at Tilburg University. Referring to what has been achieved in this domain since the Treaty of Maastricht, these papers not only assess the proposals that have been put forward in successive policy documents relating to the Stockholm Programme, but they also pinpoint to the ongoing problems in the theory and practice of police and judicial cooperation within the European Union and to the ways in which these questions could best be solved.

Security versus Justice?

Security versus Justice? PDF Author: Florian Geyer
Publisher: Routledge
ISBN: 1317057937
Category : Political Science
Languages : en
Pages : 364

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Book Description
One of the most dynamic areas of EU law since the great changes brought to the EU constitutional order by the Amsterdam Treaty in 1999 has been cooperation in the fields of policing and criminal justice. Both fields have already been the subject of substantial legislative effort in the EU and an increasing amount of judicial activity in the European Court of Justice. In 2007 - after the Constitutional Treaty of 2004 failed - the new Reform Treaty planned very substantive changes to these policies. Bringing together a wide-ranging set of topics and contributors, this book enables readers to understand these changes by examining three key questions: how did we get to the Reform Treaty; what have been - and still are - the key struggles in competence; and how do the changes fit into the transformation of police and judicial cooperation in criminal matters in the EU?

EU-US Cooperation on Internal Security

EU-US Cooperation on Internal Security PDF Author: Dimitrios Anagnostakis
Publisher: Taylor & Francis
ISBN: 1315520168
Category : Political Science
Languages : en
Pages : 170

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Book Description
This book analyses the cooperation between the European Union and the United States on internal security and counter-terrorism since the 9/11 terrorist attacks. In particular, four areas of cooperation are examined: customs and supply chain security; judicial cooperation (the mutual legal assistance and extradition agreements); law enforcement cooperation (the Europol-US agreements); and the EU-US agreements for the sharing of air passengers’ data (PNR agreements). These cases are analysed through a conceptual framework based on the theories of international regimes, with the data being drawn from an extensive documentary analysis of media sources collected through the 'Nexis' database, official documents, and from 13 semi-structured elite interviews with US and EU officials. The book argues that the EU and the US have established a transatlantic internal security regime based on shared principles, norms, rules, and interests. While at the beginning of this process the EU had a more reactive and passive stance at the later stages both the EU and the US were active in shaping the transatlantic political agenda and negotiations. The book demonstrates how the EU has had a much more proactive role in its relations with the US than has often been assumed in the current literature. This book will be of much interest to students of EU policy, foreign policy, international security and IR in general.