Rethinking Privacy Beyond Borders

Rethinking Privacy Beyond Borders The tensions between transnational data exchange by police authorities as well as intelligence agencies on the one hand and the need for data privacy on the other hand are increasing. The European Union follows an ambivalent approach intensifying data exchange as well as reforming data protection in the context of police and judicial cooperation in criminal matters. Based on eu constitutional law, the cjeu defends privacy rights in the eu . Beyond the European perspective, the paper argues based on a comparison of data privacy in the eu , us and Australia in favour of the establishment and strengthening of international data privacy rights. A more detailed concept of international digital rights would be necessary to address all different issues of data privacy in the context of trans-border surveillance. While intelligence agencies and police cooperation are already linked on a global level, the protection of data privacy is not organized on an international level in an equivalent way. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Tilburg Law Review Brill

Rethinking Privacy Beyond Borders

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Publisher
Brill | Nijhoff
Copyright
© 2015 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Articles
ISSN
2211-0046
eISSN
2211-2596
D.O.I.
10.1163/22112596-02001008
Publisher site
See Article on Publisher Site

Abstract

The tensions between transnational data exchange by police authorities as well as intelligence agencies on the one hand and the need for data privacy on the other hand are increasing. The European Union follows an ambivalent approach intensifying data exchange as well as reforming data protection in the context of police and judicial cooperation in criminal matters. Based on eu constitutional law, the cjeu defends privacy rights in the eu . Beyond the European perspective, the paper argues based on a comparison of data privacy in the eu , us and Australia in favour of the establishment and strengthening of international data privacy rights. A more detailed concept of international digital rights would be necessary to address all different issues of data privacy in the context of trans-border surveillance. While intelligence agencies and police cooperation are already linked on a global level, the protection of data privacy is not organized on an international level in an equivalent way.

Journal

Tilburg Law ReviewBrill

Published: Dec 17, 2015

Keywords: state surveillance; data privacy rights; European Union; United States; Australia; police; judicial cooperation in criminal matters; data protection

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