Overview
- Presents a unique comparative analysis of all judgments of European constitutional courts as well as the ECJ and ECHR in the matter of Data Retention Law
- Offers an interdisciplinary study of data retention from the perspectives of constitutional law, administrative law, criminal law and private law
- Reveals the impact of constitutional jurisprudence on our understanding freedom of communications in the digital era
Part of the book series: Law, Governance and Technology Series (LGTS, volume 45)
Part of the book sub series: Issues in Privacy and Data Protection (ISDP)
Access this book
Tax calculation will be finalised at checkout
Other ways to access
Table of contents (15 chapters)
-
Front Matter
-
Data Retention in Europe
-
Front Matter
-
-
Data Retention in Judgments of National Constitutional Courts
-
Front Matter
-
-
Common European Standard of Data Retention Law in Europe
-
Front Matter
-
-
Back Matter
Keywords
About this book
The book analyses the impact the jurisprudence of the constitutional courts of EU Member States and the Court of Justice of the European Union has had on the perception of freedom of communications in the digital era with respect to these courts’ judgments regarding regulating storage and access to telecommunications data (known as telecommunications data retention) from 2008 to 2017. To do so, it examines the jurisprudence of the constitutional courts of Austria, Bulgaria, Cyprus, Czech Republic, Ireland, Germany, Poland, Portugal, Romania, Slovenia, and Slovakia, i.e. those courts that have already ruled on domestic provisions regulating telecommunications data retention. Further, it investigates the judgments of the Court of Justice of European Union regarding directive 2006/24/EC regulating telecommunications data retention along with relevant jurisprudence of the European Court of Human Rights. As such, the book provides a comparative study of jurisprudence and national measures to implement the Data Retention Directive.
Moreover, the book discusses whether our current understanding of protection of freedom of communications guaranteed by the constitutions of EU member states and the EU Charter of Fundamental Rights, which was developed in the era of analogue communications, remains accurate in the era of digital technologies and mass surveillance (simultaneously applied by states and private corporations). In this context, the book reconstructs constitutional standards that currently apply in the EU towards data retention.
This book presents a unique comparative analysis of all judgments concerning Directive 2006/24/EC, which can be used in the legislative process on the EU forum aimed at introducing new principles of data retention and by constitutional courts in the context of comparative argumentation.
Editors and Affiliations
About the editors
Jan Podkowik, Associate professor at the Department of Constitutional Law at the Faculty of Law and Administration of the University of Warsaw; post-doctoral degree in law (Dr. Habil.); Co-investigator within the research project ‘Impact of jurisprudence of European constitutional courts...’; Research interests cover sources of law, constitutional courts, constitutional fundamentals of civic law as well as constitutional essential of state security.
Robert Rybski, Associate Professor, Department of Constitutional Law at Faculty of Law and Administration of University of Warsaw; graduated from the University of Warsaw (law degree) and Humboldt-Universitaet zu Berlin (LL.M. degree). Research interests cover common grounds of constitutional, environmental and energy law.
Bibliographic Information
Book Title: European Constitutional Courts towards Data Retention Laws
Editors: Marek Zubik, Jan Podkowik, Robert Rybski
Series Title: Law, Governance and Technology Series
DOI: https://doi.org/10.1007/978-3-030-57189-4
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer Nature Switzerland AG 2021
Hardcover ISBN: 978-3-030-57188-7Published: 31 October 2020
Softcover ISBN: 978-3-030-57191-7Published: 01 November 2021
eBook ISBN: 978-3-030-57189-4Published: 30 October 2020
Series ISSN: 2352-1902
Series E-ISSN: 2352-1910
Edition Number: 1
Number of Pages: X, 384
Number of Illustrations: 1 b/w illustrations
Topics: European Law, Constitutional Law, Private International Law, International & Foreign Law, Comparative Law