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In the aftermath of the invalidated Data Retention Directive, the Court of Justice of the European Union (CJEU) published extensive case law that shaped the rules, requirements, and safeguards on the retention of traffic and location data and their subsequent access for law enforcement purposes in accordance with EU law.Against this backdrop, Data Retention in Europe and Beyond unites leading scholars and practitioners to offer a cutting-edge and multifaceted analysis of issues relating to data retention. The chapters in this book explore the development of the EU case law, the interaction with European Court of Human Rights (ECtHR) jurisprudence, the interplay between data retention and mass surveillance, the proportionality principle in the CJEU jurisprudence rulings, and data retention in the proposed ePrivacy Regulation. The book offers eleven country-specific analyses of European Member States as well as chapters on the data protection regimes of India, Japan, and the US. Further chapters examine the role of the courts in the context of data retention and discuss epistemic (in)justice. The book also contains extensive contributions on automated analysis of retained data by means of algorithms, and retention as intrinsic facet of administrative and surveillance vulnerability.Comprehensive and informative, this volume not only provides a critical assessment of legal and policy developments, but also will inform policymakers on the potential future for data retention regulation in the European Union and beyond.
This volume investigates the legal and policy challenges surrounding data retention mandates following the invalidation of the EU Data Retention Directive. Edited by Eleni Kosta and Irene Kamara, the text synthesizes contributions from scholars and practitioners to evaluate how judicial rulings from the CJEU and ECtHR have redefined the boundaries of state surveillance and data privacy. The authors provide a rigorous framework for understanding the proportionality of data access and the technical implications of algorithmic analysis in administrative and law enforcement contexts.
What You Will Find
Experts identify this volume as a comprehensive resource for understanding the evolving landscape of European privacy law. Readers frequently note the academic density of the prose, making it a primary reference for policymakers and legal professionals working within the field of digital rights.
Page Count:
512
Publication Date:
2025-05-18
Publisher:
Oxford University Press
ISBN-10:
0198897731
ISBN-13:
9780198897736
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