Security and the future of personal data protection in the European Union

Security and the future of personal data protection in the European Union 1 Introduction The security/privacy nexus has generated much attention in the European Union (EU) during the last years. In the context of the establishment of EU's Area of Freedom, Security and Justice, the EU has promoted a broad spectrum of measures serving a wide understanding of security (ranging from crime prevention to immigration control), and characteristically entailing the massive processing of information about individuals,2 be it through the creation of large scale EU-wide databases3 or by facilitating information sharing among national authorities.4 To counter the risks for individuals associated with such measures, the EU is formally relying on an elaborated system of personal data protection laws,5 detailing concrete safeguards that substantiate the human right to respect for private life (also known as right to privacy) as established by the European Convention on Human Rights and Fundamental Freedoms (ECHR). From this standpoint, security is envisaged as a ground potentially legitimising interferences, but only under strict conditions. The EU personal data protection framework is currently under review. In January 2012, the European Commission presented a legislative package to replace its two main instruments, and introduced in its proposals a crucial innovation in relation with their fundamental rights anchorage. The European http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Security and Human Rights Brill

Security and the future of personal data protection in the European Union

Security and Human Rights, Volume 23 (4): 331 – Jan 1, 2013

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Publisher
Brill
Copyright
© 2013 by Netherlands Helsinki Committee
ISSN
1874-7337
eISSN
1875-0230
DOI
10.1163/18750230-99900036
Publisher site
See Article on Publisher Site

Abstract

1 Introduction The security/privacy nexus has generated much attention in the European Union (EU) during the last years. In the context of the establishment of EU's Area of Freedom, Security and Justice, the EU has promoted a broad spectrum of measures serving a wide understanding of security (ranging from crime prevention to immigration control), and characteristically entailing the massive processing of information about individuals,2 be it through the creation of large scale EU-wide databases3 or by facilitating information sharing among national authorities.4 To counter the risks for individuals associated with such measures, the EU is formally relying on an elaborated system of personal data protection laws,5 detailing concrete safeguards that substantiate the human right to respect for private life (also known as right to privacy) as established by the European Convention on Human Rights and Fundamental Freedoms (ECHR). From this standpoint, security is envisaged as a ground potentially legitimising interferences, but only under strict conditions. The EU personal data protection framework is currently under review. In January 2012, the European Commission presented a legislative package to replace its two main instruments, and introduced in its proposals a crucial innovation in relation with their fundamental rights anchorage. The European

Journal

Security and Human RightsBrill

Published: Jan 1, 2013

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