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The Fundamental Right to Data Protection

Normative Value in the Context of Counter-Terrorism Surveillance

By: Maria Tzanou
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Published: 01-06-2017
Format: PDF eBook (?)
Edition: 1st
Extent: 320
ISBN: 9781509901685
Imprint: Hart Publishing
Series: Modern Studies in European Law
RRP: £75.60
Online price: £68.04
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About The Fundamental Right to Data Protection

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.

Table Of Contents

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


“Tzanou's work makes visible the cognitive blind spot that defines the way we tend to assemble our knowledge and understanding of the role of data protection in the age of counter-terrorism surveillance. This book condenses wonderfully what judges and policymakers sometimes do when they fail to recognise that the answer to many data processing problems encountered in counter-terrorism situations can be found in data protection rules and principles.” –  Joseph Savirimuthu, Liverpool Law School, University of Liverpool, SCRIPTed

“This book can be recommended without reservation as it offers new food for thought through its innovative approach to the concept of the fundamental right to data protection and also illustrates the importance of the fundamental right very vividly by means of up-to-the-minute examples. (Translated from the original German)” –  Stefan Kieber, Newsletter Menschenrechte

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