White, Matthew
자료유형 | 단행본 |
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개인저자 | White, Matthew, (Author of Surveillance law, data retention, and human rights), author. |
서명/저자사항 | Surveillance law, data retention and human rights : a risk to democracy:a risk to democracy :Matthew White. |
형태사항 | 1 online resource. |
총서사항 | Routledge research in human rights law. |
기타형태 저록 | Print version: White, Matthew Surveillance law, data retention, and human rights Abingdon, Oxon [UK] ; New York, NY : Routledge, 2024, 9781032075990 |
ISBN | 1003207871 9781003207870 |
서지주기 | Includes bibliographical references and index. |
내용주기 | Introduction and methodology -- An introduction to communications data retention and its (il)legality -- Communications data is just as, if not more intrusive than content -- Data retention, a fundamental rights issue? Article 8 ECHR and Article 7 EU Charter underpinning democracy in the digital age? -- Communications data retention as mass secret surveillance within surveillance? -- Who is obligated to retain? Everything that 'communicates'? -- Data retention is incompatible with the ECHR- legality and legitimacy -- Data retention is incompatible with the ECHR-necessity, proportionality, Articles 6 and 14 and data protection. |
요약 | "This book analyses the compatibility of data retention in the UK with the European Convention on Human Rights (ECHR). The increase in the use of modern technology has led to an explosion of generated data and, with that, a greater interest from law enforcement and intelligence agencies. In the early 2000s, data retention laws were introduced into the UK, and across the European Union (EU). This was met by domestic challenges before national courts, until a seminal ruling by the Court of Justice in the European Union (CJEU) ruled that indiscriminate data retention was incompatible with EU law. Since then, however, the CJEU has revised its position and made certain concessions, particularly under the guise of national security. This book focuses on data retention in the UK with the principal aim of examining compatibility with the European Convention on Human Rights (ECHR). This is explored through a variety of ways including providing an account of democracy and why secret surveillance poses a threat to it, a history of data retention, assessing the seriousness that data retention poses to fundamental rights, the collection of rights that are affected by data retention which are crucial for a functioning democracy, the implications of who can be obligated to retain (and what to retain), the idea that data retention is a form of surveillance and ultimately, with all things considered, whether this is compatible with the ECHR. The work will be an invaluable resource for students, academics, researchers and policy-makers working in the areas of privacy, human rights law and surveillance"-- |
해제 | Provided by publisher. |
주제명(단체명) | Court of Justice of the European Union. |
주제명(통일서명) | Convention for the Protection of Human Rights and Fundamental Freedoms(1950 November 5) |
일반주제명 | Electronic surveillance -- Law and legislation -- Great Britain. Electronic surveillance -- Law and legislation -- European Union universities. Data protection -- Law and legislation -- Great Britain. Data protection -- Law and legislation -- European Union universities. Privacy, Right of -- Great Britain. Privacy, Right of -- European Union universities. Human rights. Droits de l'homme (Droit international) |
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