Download Privacy vs. Security by Sophie Stalla-Bourdillon, Joshua Phillips, Mark D. Ryan PDF

By Sophie Stalla-Bourdillon, Joshua Phillips, Mark D. Ryan

Securing privateness within the present atmosphere is without doubt one of the nice demanding situations of today’s democracies. Privacy vs. Security explores the problems of privateness and defense and their advanced interaction, from a felony and a technical viewpoint. Sophie Stalla-Bourdillon offers a radical account of the felony underpinnings of the eu method of privateness and examines their implementation via privateness, facts safeguard and information retention legislation. Joshua Philips and Mark D. Ryan specialize in the technological points of privateness, specifically, on today’s assaults on privateness by means of the straightforward use of today’s expertise, like internet companies and e-payment applied sciences and via State-level surveillance activities.

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The applicants thus complained under Art. 8 of the ECHR about the retention of their fingerprints, cellular samples and DNA profiles. The ECtHR held that as a matter of principle “[t]he mere storing of data relating to the private life of an individual amounts to an interference within the meaning of art. 8. The subsequent use of the stored information has no bearing on that finding. R. 50 (S and Marper). S and Marper, at [67]. 122 (ETS No. 108). The Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data was drawn up within the Council of Europe by a committee of governmental experts under the authority of the European Committee on Legal Co-operation (CDCJ) and was opened for signature by the member States of the Council of Europe on 28 January 1981 in Strasbourg.

146 Köpke at [50]. 147 Köpke at [53]. 148 [2009] EWCA Civ 414 (Wood). 142 30 1 Privacy Versus Security… Are We Done Yet? which he had gone to find some information about Reed’s indirect involvement in the arms trade. 149Although one could argue that Article 8(1) should only be engaged when the interference is serious enough150 and the mere taking of someone’s photograph in a public street should not be considered as amounting to breach of any right unless something more is added,151 when the images are retained for surveillance purposes the measure should always be scrutinised in particular when the process is automated.

The same shall apply to personal data relating to criminal convictions”. 201 Rec(87)15E 17 September 1987 regulating the use of personal data in the police sector. 202 Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data regarding supervisory authorities and transborder data flows, Strasbourg, 8. 2001. 203 See in particular Article 2. 204 Recommendation of the Council concerning guidelines governing the protection of privacy and transborder flows of personal data (23 September 1980) followed by the 1985 Declaration on Transborder Data Flows and the 1998 Ministerial Declaration on the Protection of Privacy on Global Networks.

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