EU Data Privacy Law and Serious Crime Data Retention and Policymaking

EU Data Privacy Law and Serious Crime: Data Retention and Policymaking offers a comprehensive and comparative study of the right to private life and data retention within the EU and ECHR legal orders. Exploring EU data retention law and the role of Article 8 ECHR in a variety of contexts, from communications data to passenger name record data, the book casts a spotlight on the mainstreaming of the right to private life across EU policymaking, critically analysing the role of the European Commission and the CJEU as guardians of fundamental rights in their rights review of EU data retention measures.

The book examines the jurisprudence of the CJEU and ECtHR concerning data retention and State surveillance. Three key developments are identified that threaten the protection and future development of the right to private life within the EU and ECHR legal orders: the converging and diverging standards of the CJEU and ECtHR; the fraught dialogue between the CJEU and national courts; and the rise of the CJEU as the vanguard EU institution for data retention policymaking and supranational judicial scrutiny in Europe.

In this dynamic area of EU data protection law and European human rights law, this original and unique book traverses the future development of legal standards within the jurisprudence of the CJEU and ECtHR, giving policy recommendations on how to enhance the right to private life in future EU data retention policymaking. This book will appeal to academics, policymakers, and practitioners interested in the future of the right to privacy in an era of AI and data-driven surveillance.

Nora Ni Loideain, Lecturer in Law and Director of the Information Law & Policy Centre, Institute of Advanced Legal Studies

Nora Ni Loideain is Director and Lecturer in Law of the Information Law & Policy Centre at the Institute of Advanced Legal Studies, University of London, an Associate Fellow of the Leverhulme Centre for the Future of Intelligence at the University of Cambridge, and a Visiting Lecturer in Law at King's College London.

1. Introduction

2. Article 8 ECHR and Communications Data within the Global Privacy Framework

3. The Approach of the Strasbourg Court to Article 8 ECHR and Interception of Communications

4. The Approach of the Strasbourg Court to Article 8 ECHR and Communications Data

5. The Evolving Dialogue Between Luxembourg and Strasbourg

6. The Approach of the Court of Justice to Article 8 ECHR and Data Retention

7. The Data Retention Directive and Article 8 ECHR

8. The Data Retention Directive and the National Courts

9. Post-Legislative Review of the Data Retention Directive

10. Data Retention and the EU Passenger Name Record Directive